COUN  LEE COUNTY BOARD OF COMMISSIONERS DENNIS WICKER CIVIC CENTER 1801 NASH STREET SANFORD, NC 27330 January 22, 2024 MINUTES  Roll Call Taylor Vorbeck Absent: Bill Carver CALL TO ORDER INVOCATION of Allegiance.  Present: Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  Chairman Kirk Smith called the meeting to order at 6:00 p.m.  Chairman Smith provided an invocation and led the Board and attendees in the Pledge  PLEDGE OF ALLEGIANCE I. ADDITIONAL AGENDA  Chairman Smith asked to add item IV.B Update on the National Fitness Campaign Court The Chairman then introduced Olivia O'Shaughnessy, the Youth Council representative  at Kiwanis Family Park to the Agenda. present at tonight's meeting. Mover: Taylor Vorbeck Lovick, Taylor Vorbeck Absent: 1 -E Bill Carver Motion Result: Passed  Motion: Motion to approve the Agenda as amended.  For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark  II. APPROVAL OF CONSENT AGENDA    Motion: Motion to approve the Consent Agenda.  Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1- Bill Carver Motion Result: Passed  For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  IL.A Minutes from the January 8, 2024 Regular Meeting BOC Regular Meeting Minues.l824.rnaldos  II.B Funding Resolution to Direct the Expenditure of Opioid Settlement Funds  Opioid Settlement Funding Resolution II.C Budget Amendment # 01/22/24/09 Budget Amendment Packet 1-22-24.pdf II.D Refund and Release Report for December 2023 RELEASE CODES SPREADSHEETXS  Gen Statute 105.docx  December 2023 Personal Property Abatement Report.pdf December 2023 Real Property Abatement Report.pdf  II.E Lee County Government Center Exterior Wall Restoration and Waterproofing Proposal P24RAL-014 Lee Co. Govnt. Ctr. Ext. Wall Restore. CD.pdf MInLBIpoks_RELLCGC Ext. Wall Restoration and Waterproofing.pd: II.F Approval of Application for the State and Local Cybersecurity Grant  2023S SLCGP Grant Application Guidance_ 2.pdf  II.G Proclamation Honoring and Recognizing Special Contributions to Lee County H.H Resolution of Support for the Chatham and Harnett Health Sciences Centers to be Included in Central Carolina Community College's Full-Time Enrollment II.I Request to Accept S.L. 2023-134 Section 2.2 FY24 Direct Grant Funds  Calculations CCCC Resolution of Support_final.docx  IL.J Appoint County Representatives to the Trillium Health Resources Regional Advisory  Board  III. PUBLIC COMMENTS IV. OLD BUSINESS  No public comments were received.    IV.A Nonprofit Funding Policy Amendment  Budget and Management Analyst Ben McQueary presented an amendment to the current Nonprofit Funding Policy. The Board gave consensus at the Board Retreat to draft the amendment to include requirements that all new nonprofit funding be done on a reimbursable basis. Services eligible for reimbursement must be deemed necessary for the public good of Lee County and ones that the County could reasonably provide. A copy of the proposed policy is attached and incorporated into these minutes. County Manager Lisa Minter said that the current policy setting a minimum of $ 2,000 and maximum of $10,000 would be removed with the proposed amendment. The cap of $65,000 for total allocation to non-profits remains in place. Mr. McQueary said staff will notify current nonprofits and run an advertisement in the  Sanford Herald in February when the application window opens. Current Nonprofit funding policy (5-16-22).pdf Proposed Nonprofit Funding Policy (01-22-24).pdf  Motion: Motion to approve the Nonprofit Funding Policy amendment. For: 6-Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1 -E Bill Carver Motion Result: Passed  IV.B Update on the National Fitness Campaign Court at Kiwanis Family Park  This item was added onto the. Agenda.  Parks and Recreation Director Joseph Keel provided an update to the Board regarding ADA compliance for the National Fitness Campaign Court at Kiwanis Family Park. National Fitness Campaign provided additional information on the accessibility of the court, a copy of which is attached and incorporated into these minutes. National Fitness evaluated all County parks and determined that the KFP location is the most conducive for the court. There is currently a paved sidewalk from the parking lot to the bridge leading towards the. mesh-screen trail. The bridge and mesh-screen trail are not ADA compliant. Mr. Keel said the trail was purposefully designed that way in order to offerr residents a softer surface to run or walk on, rather than asphalt or cement. Commissioner Taylor Vorbeck asked about looking into making the bridge ADA compliant and paving to the court. Staff will evaluate that the cost and the distance from the parking lot to the court and report Commissioner Reives asked. if any additional: information regarding a skate park had been received from other municipalities and counties. Mr. Keel said his department only received one response from across the state, which was the Town of Troy. Their project was completed on County-owned property and was a turnkey project  back to the Board.  costing $665,000.  NFC Fitness Court Accessibility Overview.pdf  V. NEW BUSINESS  V.A Proclamation Recognizing Black History Month    Chairman Smith presented and read aloud a Proclamation Recognizing  Black History Month. Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1- Bill Carver Motion Result: Passed  Motion: Motion to approve the Proclamation Recognizing Black History Month. For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  V.B Shelter/Restroom facility at OT Sloan T-Ball Complex  Parks and Recreation Director Joseph Keel said the O.T. Sloan T-Ball complex facility has been successful with 320 players in both the spring and fall leagues. Staff has provided port-a-johns for use at the complex, since there is not a restroom in close proximity. In 2023, staff prepped the site and completed architect and engineering services for restrooms at the complex. Water, sewer, and electrical have all been run to the site. The County has a quote from Churchich for $92,449.50 to build a restroom shelter complex under Sourcewell Contract #012621, which satisfies bidding requirements associated with this purchase. Mr. Keel said the project did not include space for concessions but does have a pad for a food truck and Parks and Recreation receives 10% of all food truck revenues. This restroom is double the size of the structure located at Temple Park and will include two men's and two women's stalls. General Services will maintain the facility. The architect provided a mop sink and storage for cleaning supplies within the plan. The structure  will be located in the middle of the T-Ball Complex.  1.11.24 Quote.pdf Temple Park.png Motion: Motion to approve Mover: Mark Lovick Taylor Vorbeck Absent: 1-E Bill Carver Motion Result: Passed  Churchich Agreement OT Sloan Restroom Upgrade.doc  For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  VI. MANAGERS REPORTS  VI.A December 2023 Financial Report  Finance Director Candace Iceman provided the December 2023 Financial Report. Ad valorem collections are at 83.91% oft the adopted budget, and the target for expenditures at this point in the fiscal year is 50%.  December 2023.pdf  VI.B County Manager's Monthly Report for January 2024  County Manager Lisa Minter provided her monthly Manager's Report, a copy of which is attached and incorporated into these minutes. There is a small amount ofA ARPA funding that has not been committed yet. Ms. Minter will provide that information to the Board at an upcoming meeting. Chairman Smith asked ift there is a completion date for the historic courthouse project. Assistant County    Manager Jennifer Gamble said there is not a set date for completion yet; however, staff will ask for an extension on expending the funds for the project (which need to be spent by August of this year) and doesn'ti foresee any pushback from the State on this. The approval process for each component with the State has caused some delays. Clerk to the Bor/Communcatons Specialist Hailey Hall said the February Board of Commissioners meetings areon Counly_Managers.Montny,Report.anuay22.2024.d00k Library_1.10.24 LCL Board Meeting Agenda.pdf Library,2023.NovemberaDecember. Director_ _Report.pdf Library_11.8.23 LCL Board Meeting Minutes Approved.pdf Parks and Rec Board Nov Agenda Oct Minutes.pdf November 2023_ Permit Issuance Report.pdf December 2023_ Permit Issuance Report.pdf Tax_Monthly Managers Report December 2023.docx 2023 Annual CCPT Report-Final.docX  the 5th and 19th.  TRC. Agenda.12-2023.pdr TRC Agenda_1-2024.pdr  VII. COMMISSIONERS COMMENTS  Commissioner Andre Knecht asked Assistant County Manager. Angelina Noel and Senior Services Director Melanie Rogers to explain the Governor's Awards campaign run by the Enrichment Center. Ms. Rogers said people can nominate volunteers, including individuals, groups, or businesses, for these awards. Applications are available online on the County's website www.ecounbnegow, though physical copies are also available  at the Enrichment Center. Nominations are due February 7th. Motion: Motion to adjourn. The Board adjourned at 6:46 p.m.  ADJOURN  Mover: Taylor Vorbeck Vorbeck Absent: 1- Bill Carver Motion Result: Passed  For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick, Taylor  Kirk Smith, Chairman hphrtue  Lee County Board of Commissioners  ATTEST: Hailey Hall,  BBCOUAT  AE  to the Board  MlVLL  Clerk  x    ARESOLUTION BYTHE COUNTY OF LEE  TO DIRECTTHE EXPENDITURE OF OPIOID SETTLEMENT FUNDS WHEREAS Lee County has joined national settlement agreements with companies WHEREAS the allocation, use, and reporting of funds stemming from these national settlement agreements and bankruptcy resolutions ("Opioid Settlement Funds") are governed by the Memorandum of Agreement Between the State ofNorth Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation ("MOA") and the Supplemental Agreement for Additional Funds from Additional Settlements of Opioid Litigation ("SAAF"); WHEREAS Lee County has received Opioid Settlement Funds pursuant to these national settlement agreements and deposited the Opioid Settlement Funds in a separate special  engaged in the manufacturing, distribution, and dispensing of opioids;  revenue fund as required by section D ofthe MOA;  WHEREAS section E.6 of the MOA states that, before spending opioid settlement funds, indicates that it is an authorization for expenditure of opioid settlement funds; and, (ii) states the specific strategy or strategies the county or municipality intends to fund pursuant to Option A or Option B, using the item letter and/or number in Exhibit (ii) states the amount dedicated to each strategy for a specific period oft time. NOW, THEREFORE BE: IT RESOLVED, in alignment with the NC MOA and SAAF, Lee  the local government' 's governing body must adopt a resolution that:  (1)  A or Exhibit B to identify each funded strategy; and,  County authorizes the expenditure of opioid settlement funds as follows:  1. First strategy authorized  a. Name of strategy: Collaborative Strategic Plan b. Strategy is included in Exhibit A Item letter and/or number in Exhibit A: 1 d. Amount authorized for this strategy: $75,000. Period oftime during which expenditure may take place: Start date January 22, 2024 through End date December 31, 2028 Description oft the program, project, or activity: Lee County Government will allocate responsibilities of the Opioid Funding Strategic Planning, reporting and  1    administration ofs settlement funds to the Assistant County Manager of Governmental Support. This position is a full-time benefited position for the County. This position will be responsible for leading Lee County's efforts required by the MOA and therefore these funds will cover a small portion ofthis position'ss salary. This position will be responsible for the coordination oft the Opioid Settlement Funds to include coordination with multiple community partners to evaluate needs, access needed supplies, evaluate current and future funding streams to support services, work with the subcommittee and Board of Commissioners in providing updates to the strategic plan, develop annual reports, track expenditures and complete all reporting  requirements for the use off funds.  g. Provider: Lee County Government, Administration a. Name of strategy: Evidençe-based Addiction Treatment b. Strategy is included in Exhibit. A Item letter and/or number in Exhibit. A:2 d. Amount authorized for this strategy: $900,000 Period oft time during which expenditure may take place: Start date. January 22, 2024 through End date December. 31,2028 Description oft the program, project, or activity: Increase access to evidence-based treatment for individuals with Opioid Use Disorder by providing funding for Medication-Assisted Treatment. The County will contract with approved, licensed MAT providers to cover treatment costs not covered by other resources. Provider: County will submit RFP for eligible Office Based Opioid Treatment, OBOT and Opioid Treatment Programs, OTP providers who serve Lee County residents.  2. Second strategy authorized  3. Third authorized strategy  a. Name ofs strategy: Recovery Support Serviçes b. Strategy isi included in Exhibit A Item letter and/or number in Exhibit. A:3 d. Amount authorized for this strategy: $275,000 Period of time during which expenditure may take place: Start date January 22, 2024 through End date December 31, 2028 f. Description oft the program, project, or activity: A full time certified PEER support specialist position will bel hired within the Lee County Government Community Support Services Department to provide individuals inj jail and the community support in treatment and recovery and to provide people who use drugs assistance in accessing treatment, recovery support, harm reduction services, healthcare or other services or support they need to improve their health and well-being as part of g. Provider: Lee County Government, Community Support Services Department  RENEW Lee County.  4. Fourth authorized strategy  a. Name of strategy: Employment-related Services b. Strategy is included in Exhibit A C. Item letter and/or number in Exhibit A: 5 d. Amount authorized for this strategy: $30,000 . Period oftime during which expenditure may take place:  Start date January 22, 2024 through End date December 31, 2028  2    f. Description oft the program, project, or activity: Support Central Carolina Community College by providing tuition costs for job training classes for individuals in treatment and/or recovery with Opioid Use Disorder that are not covered by other resources.  g. Provider: Central Carolina Community College a. Name ofs strategy: Naloxone Distribution b. Strategy is included in Exhibit A Item letter and/or number in Exhibit A: 7 d. Amount authorized for this strategy: $50,000 Period oftime during which expenditure may take place: Start date January 22, 2024 through End date December 31, 2028 Description oft the program, project, or activity: Provide naloxone to organizations that distribute or administer naloxone to persons at risk ofoverdose or their social networks. Lee County will target those released from jail or prison specifically Provider: Lee County Government, Community Support Services Department and  5. Fifth authorized strategy  through our RENEW: program. Lee County Health Department a. Name ofs strategy: Post-overdose Response Team b. Strategy is included in Exhibit A Item letter and/or number in Exhibit A: 8 d. Amount authorized for this strategy: $50,000 e. Period oft time during which expenditure may take place:  6. Sixth authorized strategy  Start date January 22, 2024 through End date December 31, 2028 Description of the program, project, or activity: Provide first responders, Community Social Worker and PEER Support Specialist with post overdose response kits that include educational information, naloxone, fentanyl test strips, and other supportive tools toj persons who have overdosed, are at risk to overdose, or their social network. g. Provider: Lee County Government, Community Support Services Department  7. Seventh authorized strategy  a. Name ofs strategy: Syringe Service Program b. Strategy is included in Exhibit. A Item letter and/or number in Exhibit A: 9 d. Amount authorized for this strategy: $5,000  Period oft time during which expenditure may take place: Start date January 22, 2024 through End date December 31, 2028 f. Description oft the program, project, or activity: Support Lee County's Safe Syringe Program through the Lee County Health Department which contracts with the nonprofits Helping Hands Clinic and Health, Healing and Hope. g. Provider: Lee County Government, Public Health Department a. Name of strategy: Addiction Treatment for Incarcerated Persons  8. Eighth authorized strategy  b. Strategy isi included in Exhibit A Item letter and/or number in Exhibit A: 11 d. Amount authorized for this strategy: $100,000 Period oft time during which expenditure may take place:  3    Start date January 22, 2024 through End date December 31, 2028 f. Description oft the program, project, or activity: Support and provide payment for continuity oftreatment toi individuals who present to the Lee County Jail with a valid prescription from an approved, licensed MOUD treatment center iff funding is not  available through any other source. g. Provider: Sanford Treatment Center a. Name ofs strategy: Re-entry Programs b. Strategy isi included in Exhibit. A Item letter and/or number in Exhibit A: 12 d. Amount authorized for this strategy: $285,000 Period oftime during which expenditure: may take place: Start date. January 22, 2024 through End date December 31, 2028 Description oft the program, project, or activity: Support Lee County's Re-entry Program in connecting individuals in the Lee Countyjail with addiction treatment, recovery support, harm reduction services, primary healthcare, or other services needed upon release by providing supplies and information to individuals being released from the Lee County, jail or from North Carolina Department of Adult Corrections. A portion oft this funding will also go to cover the costs ofthere-entry services coordinator position who is responsible for linking services to individuals exiting the jail or the Department of Adult Corrections. g. Provider: Lee County Government, Community Support Services Department a. Name ofstrategy: Support People in Treatment and Recovery b. Strategy isi included inl Exhibit B Item letter and/or number in Exhibit B: Part 1, Section B, Item 7 d. Amount authorized for this strategy: $50,000 Period oft time during which expenditure: may take place: Start date. January 22, 2024 through End date December 31, 2028 Description of the program, project, or activity: Provide funding through COLTS vouchers for transportation services to transport individuals to and from OUD treatment or recovery programs and treatment for any co-occurring SUD/MH g. Provider: Lee County Government, County ofLee' Transit System, COLTS  9. Ninth authorized strategy  10. Tenth authorized strategy  conditions who lack alternative options.  The total dollar amount of Opioid Settlement Funds appropriated across the above: named and  authorized strategies is $1,820,000.  4    Adopted this the 22nd day of January, 2024.  te  KirkT D. Smith, Chairman Lee County Board of Commissioners  ATTEST:  rilwry l Hailey Hall, Clerk tdjhe Board  COUNT BSDE  5    MEMO TO: FROM: SUBJECT: DATE:  LEE COUNTY BOARD OF COMMISSIONERS LISA MINTER, LEE COUNTY MANAGER BUDGET AMENDMENT:#) 1/22/24/09 January 22, 2024  SECTIONI. THE FOLLOWING GENERALI FUND (1100) REVENUE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 4,937,415 86,465  NEW BUDGET 4,945,197 90,396 503,428  DEPARTMENT Fund Balance Health Other Revenue  ACCOUNT#  DESCRIPTION TOTAL CHANGES  CHANGE 7,782 3,931 503,428 515,141  1100-3990-39900 Fund Balance Appropriated 1100-3510-33299 Medicaid Cost Settiement Funds 1100-3930-38410 Non-Recurring State Grant  SECTIONI II. THE FOLLOWING GENERALFUND.4100 EXPENSE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 8,213  NEW CHANGE BUDGET 7,782 7,782 92 8,305 3,583 3,583 256 256 503,428 503,428 515,141  DEPARTMENT Sheriff Grant Health Health Health Humans Services  ACCOUNT#  DESCRIPTION  1100-4311-43310 Maintenance-vehicles 1100-5101-44170 Medica/Educational. Supplies 1100-5101-46400 Capital Outiay 1100-5101-46415 Equipment <$500 1100-5817-48389 Non-recurring! State Grants  TOTAL CHANGES  YRK SIITH,CHAIR  4al  FR ESL COUNT A  CAR    Exemption from Architectural, Engineering and Surveying Qualfitcations-Based Selection Process for Fees Less than  $50,000  LCGC Exterior Wall Restoration and Waterproofing Lee County General Services  Name of Project: Responsible Department: REIEngineers Vendor: $40,425 Amount:  N.C.G.S. 143-64.31 requires the initial selection and evaluation of firms to perform architectural, engineering, surveying, construction management-at-nsk services and design-build services (collectively "design services") to be based on qualifications and without regard to fee, the qualifiçation selection process must be announced and good faith efforts must! be made tor notify minority firms.  AND  N.C.G.S. 143-64.32 authorizes units of local government to exempt contracts for services from the qualifications based selection ("QBS") requirements of G.S. 143-64.31 if the estimated fee is less than $50,000 and the estimated professional fee for services for the above-described project is less than Lee County proposes to enter into a contract for services for work on the above described project. The above described project is hereby made exempt from the provisions of N.C.G.S. 143-64.31. On March 16, 2020, the Lee County Board of Commissioners adopted a resolution exempting the government from requiring QBS procedures for eligible projects under G.S. 143-64.31 and authorized the County Manager to approve each project on: a case-by-case basis and! bys signing below, has approved  $50,000.  such exemption. ssignedvas SeamleesDes.cem Ryan Gaulé Fay. Department Head Cen Watethouse Assistant rmnancer Director sa. CMMintet purfy-Magagey,  01-10-2024 Date 01-10-2024 Date 01-11-2024 Date -1-1074  Dmillw mith,Chairman Lee County Board of Commissioners ATTEST: uilwy <  c E AE  HAILEY  5  HALL,Clrktot  IY    S  PROCLAMATION HONORING ROBERT "BOB" JOYCE AND HIS CONTRIBUTIONS TO THE LEE COUNTY COMMUNITY  WHEREAS, Robert "Bob" Joyce is a Lee County native, an East Carolina University graduate, and has worked in banking, insurance, and state and local government, including as a Grants Manager and Administrative Services Director/Interim Director of) Inspections and Planning forl Lee County; and WHEREAS, Mr. Joyce was appointed thel President oft the Sanford Area Chamber of Commerce in 2006, then became Director of Economic Development in 2014 after the merging of the Chamber and the Lee County Economic Development Corporation in 2014, and retired as the Senior Director of Business WHEREAS, Mr. Joyce was named Economic Developer of the Year by the North Carolina Economic WHEREAS, Mr. Joyce has been instrumental in attracting and introducing a variety of industries and businesses tot thel Lee County community, while solidifying Sanford and Lee County'sbrand: among leading WHEREAS, not only did Mr. Joyce manage the recruitment process for three major projects - Bharat Forge, Audentes/Astellas, and Abzena, with an announced new capital investment of more than $500 million and 1,005 announced new jobs - he also assisted with multiple existing business expansions, including Caterpillar, Pfizer, Frontier Spinning, GKN and Magneti Marelli, expanding the tax base by WHEREAS, it is the desire oft the Lee County Board of Commissioners to congratulate the achievements ofMr. Joyce and to express appreciation to him for his dedicated service and many contributions to Lee NOW, THEREFORE, BE IT PROCLAIMED, by the Lee County Board of Commissioners that it recognizes and honors the more numerous projects Robert "Bob" Joyce has been aj part of, resulting in a successful community, and it wishes for Mr. Joyce continued success in all his future endeavors.  Retention and Expansion oft the Sanford Area Growth Alliance in 2023; and  Developers Association in 2020; and  global site selectors as ai top tier advanced manufacturing location; and  hundreds of millions of dollars and generating hundreds ofr new jobs; and  County; and  Adopted this 22nd day of. January, 2024.  Chair  Lee County Board of Commissioners  Leae  ATTEST:  COUN EST.  BE  triln <Null Hailey Hall, Clerkt toteBoard    COU  RESOLUTION OF SUPPORT FOR THE CHATHAM AND HARNETT HEALTH SCIENCES CENTERS  TOBEINCLUDED IN CENTRAL CAROLINA COMMUNITY COLLEGE'S  FULL-TIME ENROLLMENT CALCULATIONS  WHEREAS, Central Carolina Community College (CCCC) has proudly served Chatham, Harnett, and Lee Counties for more than 50 years as ai top-ranked publice educational leader providing high quality, in- WHEREAS, CCCC is leading an innovative workforce development ecosystem, developing a robust talent pipeline to support unprecedented economic growth in central North Carolina, supporting the healthcare sector, as well as more than eighty (80) area manufacturing industries; and  demand programs and training; and  WHEREAS, CCCCreceives $1.2M in supplemental funding to operate the main campuses in Harnett and WHEREAS, CCCC is the largest rural community college in North Carolina, with a service area geographically larger than the state of Rhode Island, meeting students where they are via twenty (20) sitesand campuses; however, only students who attend classes on the Chatham Main Campus or the Harnett Main Campus are included in multi-campus center funding calculations; and WHEREAS, any non-contiguous campuses, such as CCCC's new state-of-the-art Health Sciences Centers in Chatham and Harnett, are excluded from being counted toward the three hundred (300) Full-Time  Chatham Counties through multi-campus center funding; and  Enrollment (FTE) threshold required to obtain multi-campus center funding; and  WHEREAS, the location of the Centers were strategically picked by the respective County Commissioners to serve the counties effectively (and cost efficiently), while still maintaining the natural connection to WHEREAS, these Centers are considered to be part of the county-specific main campuses and share joint provosts, joint education navigators, joint financial aid representatives, the same libraries, the same bookstores, the same cash managemenv/business office services, and have shared administrative WHEREAS, arbitrarily excluding these sites' FTE from the county-specific main campus unduly burdens CCCC, limiting its ability to best provide training and education, and potentially impacting the college's  the county-specific main campuses; and  assistants; and  funding; and    WHEREAS, this interruption in funding based on the unique nature of CCCC'sc counties/Campuses - is detrimental to students, industries, and the community at large served by CCCC; and  NOW,THEREFORE, BE IT RESOLVED that the Lee County Board of Commissioners supports the proposal for the NC General Assembly to adopt formal language to prevent the unintended consequences of SBC The Full-Time Enrollment (FTE) earned at Central Carolina Community College's! Health Sciences Centers in Harnett (<3 miles) and Chatham Counties (<9r miles) shall bei included in the FTE calculation for1 the Harnett Main and Chatham Main multi-campus centers, respectively, as approved by the State Board of Community Colleges. The Health Sciences Centers are part of the operations oft the Main Campuses and share programmatic and administrative support staff and services.  (1B SBCCC200.3) (c)(9), with proposed wording as follows:  Presented this 22"d day of January, 2024.  Kirk D. Smith, Chair Lee County Board of Commissioners  ATTEST:  nilin Hailey Hall, Clerktothe Board  RCOUR  AlL  aE  CARO    TCANP  LEE COUNTY GOVERNMENT NORTH CAROLINA  Nonprofit Agency Reimbursable Funding Policy  Originally Adopted: February 11, 2011 Amended: January 22, 2024  Purpose: To establish a policy that ensures an accountable, objective, and fair process for submitting, reviewing, and approving nonprofit agency reimbursable funding requests for Policy: Lee County Government has no statutory requirement to fund nonprofit agencies. Accordingly, iti is the policy oft the Board of Commissioners not to provide recurring annual funding tor nongovernmental agencies. Notwithstanding the above, Lee County Government may, when circumstances warrant, elect to enter into a contract with a nonprofit agency to reimburse an agency for provided services that the County could provide; that complement or enhance a current vital County service at a reduced cost; that provide a service tot the County through means that are more cost effective or operationally expedient than what the government can provide; or that fill in critical gaps that exist between government and community services. In each case, the Board of Commissioners will carefully review the need for the services, the nonprofit's plan for provision of services and its value to the County and the nonprofits' ability to be self-sufficient  services that assist Lee County citizens.  absent County funding. Procedures: 1.Application Process  Apublic notice announcing the annual review process for applications will be made on the County's website and in the Sanford Herald in February each year. This annual process The application form will be available from the County's website, the Administration Office Nonprofit agencies that have a compelling need for County funding, meeting the criteria Applications must be submitted fully completed with all required documents by the Applications received after the published deadline will not be considered for inclusion in the annual budget for funding in that fiscal year. In exceptional circumstances as shown by an applicant, a late application may be considered by the Board of Commissioners, Applications that are incomplete will be deemed ineligible for funding and will be returned Submission of a complete and compelling application is no assurance of funding. Ap public hearing will be held on the County's budget, that will include the County Manager's recommendation ofnonprofit funding amounts. Citizens can address concerns or support of the proposed nonprofit reimbursable funding during that process.  is timed to complement the County's annual budget process.  and the Lee County Library.  of needed services, may complete the nonprofit funding application.  published deadline.  who may elect to grant funding only on an exceptional basis. tot the nonprofit agency with an explanation of rejection.  1    2. Review & Funding Process  Eligible applications will be reviewed by the County Manager and his or her designees. The County is not obligated to fund any requests and submission of an application does not bind the County in any way to the nonprofit's request for funding. Are recommendation for funding and a recommended maximum amount available for reimbursement for each approved agency will be presented to the Board of Commissioners for its consideration as part of the annual budget process. Upon the County Commissioners approval of the annual budget, letters will be sent tot the agencies who submitted applications for reimbursable funding notifying them of the outcome of their requests. If approved for reimbursable funding, the agency will coordinate with designated County staff for completion of the required contract, including The County will consider reimbursable funding on an annual basis only, unless the Board of Commissioners makes an exception. The Board of Commissioners goal is to keep the total amount for nonprofit reimbursable funding at $65,000 for all nonprofit service reimbursable funding requests. However, the Board of Commissioners has the final Applications for reimbursable funding are effective for one year. Each new budget year will require validation and a new submission for additional service-related reimbursable Reimbursable Funding Criteria: Applications will be reviewed and recommended for  the provision of all required documentation.  authority to increase or decrease the total funding.  funding requests.  reimbursable funding based on the following:  Must submit IRS tax-exempt letter stating 501(c)(3) nonprofit status. Must have been in existence for at least one year prior to application.  Must submit completed application and all required documentation by published deadline. Must state community need for services and provide a service that meets the descriptions Must state achievable, outcome-based goals and outline a plan to meet goals Must not duplicate services already funded by Lee County, but may enhance or provide  int the policy statement above.  services more cost effectively or expediently. Must demonstrate diversity of funding sources. Must demonstrate financial stability.  Must provide a service that is needed by the County and citizens in a safe, efficient, cost- Must provide proof the nonprofit does not have any overdue taxes and is not on a Must provide bonding of its financial officer in amount of $10,000 or at an amount equal  effective manner. debarment or suspension list.  to the funding from Lee County, whichever is higher.  Requirements to Receive Funding:  Enter into a contract with Lee County fori the delivery of services.  1. The contract will include:  a. The scope of reimbursable services to be provided.  2    b. Reimbursable payment arrangements and documentation required for Ar requirement for performance monitoring and submission of an d. Al list of required legal documents to be provided to the County.  reimbursement.  annual report documenting program success.  The maximum amount of reimbursable expenses allowable for each agency will be set by the budget and amended only in extraordinary circumstances and by Board approval. The County, at its discretion, may require an examination of any agency's financial The County may withhold reimbursable funding at any time and may refuse reimbursement in its discretion for expenses it deems do not meet the terms of the No funds will be reimbursed for services the nonprofit receives full funding for from other sources, including but not limited to: insurance, grants, donations, Medicaid, volunteer No funds will be reimbursed for services provided by any person employed by or volunteering for or donating services to the nonprofit agency. No expenses will be reimbursed for any salaries for any person employed by or volunteering with or donating services to the nonprofit agency. No expenses will be reimbursed for costs submitted by any persons who serve on the Boards or Committees of the nonprofit agency. An annual performance report documenting the use of the County's funds and the accomplishments of the program will be submitted at the end of the fiscal year. At any time during the funding year, the County can request documentation as to the use of the County's funds and ift this is not provided, the County can suspend current reimbursement. Failure to provide such documentation may be considered in future reimbursable funding Failure to comply with any of the above requirements may result in suspension of current lf,during the fiscal year of its contract, there is a major operational change oft the structure of the organization, the organization must notify the County and be available to provide an update as to how the change may affect the organization as a whole, or any changes itmay have on the County's reimbursable funding and/or services being provided to our Any concerns or requests from the County must be met in a timely fashion by the  statements.  contracted services or County policy.  services, existing agreements or arrangements for free services.  requests.  reimbursement funding and/or elimination of future funding.  citizens.  organization, or reimbursable funding can be withheld by the County.  Adopted this 22nd day of. January, 2024.  E  ATTEST:  Smith, Chairman County Board of Commissioners  smh sull Hailey Hall, Clerk  BCAR    MATIPMLRESS CMPAEN Fitness Court Accessibility Overview  A Community Platform For All  Design DNA  The Fitness Courtoi is a comprehensive functional fitness circuit training facility. Iti includes ane endless variety oft trainingr methods fora adults ofa alla ages and skilll levels. The 71 Minute 71 Movement circuit training is designed specifically fort the Fitness Court to provide afullb body workout for alll levels and leverages your body weight so you can improve overt time. Thel Fitness CourtP is 38'x38' ins size andi is roughly half the size ofa standard tennis court." The designis  the exact same in every locationi to ensure quality and usability for all.  36" Wheelchair Clearance between Equipment  Fixed Anchor Points tos support Augmented" Exercises with Resistance Bands Stabilized: & Destabilized- Strength Training Options  H  Varying! Levels ofE Equipment Heights tos support all users abilityl levels  Stabilized! Sports Floor ona allFitness Courts  Sports Floor Everys single Fitness Court" is requiredt to have a continuous fullya accessible: sports floor thati is easy to navigate anda allows ease ofv wheelchairs, walkers, strollers and other assistance devised.  36" Clearance The Fitness Courtp was designed to allow a30" path throughout the whole system & elements allowing proper wheel chair accessibility though out. 1  Multi-Station Each: zone ont the Fitness Courte is multi- station to allow users tou utilize the same equipment & workouts withi friends or spotters att thes same time. Itisi important tol NFCt thatt the entire community is able to access the Fitness Courto and participate side- -by-side.    NATIENALEHNE AMPAEN Fitness Court Accessibility Overview  AC Community Platform For All  Adults of All Ages & Ability Levels way to encourage physiçal activity and promote community wellness.  The Fitness Courtoi is designed for adults of alla ages and accommodates a variety of skill levels and abilities ate eachs station, from beginner to expert. Each stationa allows users tol leverage their bodyweighta at different angles andl levels ofresistance asat toolt toi improve overt time. TheF Fitness Courtsi isap powerful  Progressive Footl Hold Strips Allow Usert to Leverage Body Weight and Progress Over Time  Fixed Anchor Points Support Augmented Exercises with Resistance Bands  Fitf for Adults ofA All Ages and Ability! Levels  Endless Variations & Activation  Thel Fitness Courts supports progressive functionalf fitness fors senior adults. Each oft the seven basic movements supports activities ofc daily! living, and each station provides users hundreds of different ways tol leveraget their own bodyweight for sustained health. This unique outdoor gymi is as safe and effective toolf for seniors toi increase balance, encourage mobility, andr reduce risk ofi injury. Wheni integrated into a regular wellness practice, the Fitness Court  supports corel health, hip andj jointf flexibility, upper bodys strength and lower back stability.  Wheelchair Access at Destabilized Puil Rings  Wheelchair Access at Stabilized Pulll Ladder 2  Wheelchair. Access at Destabilized Pull Rings    MATIDNLFINESS CAMPACN Fitness Court Accessibility Overview  AC Community Platform For All  Engagement on the Fitness Court  NFC provides various opportunities toi increase engagement ont the Fitness Courte. Through the Ambassador program cities have the abilityt tor run targeted classes andt training for alla ages and abilities. Classes rangingf from Mobility and Balance series to 60+/Silver Sneakers programs havel been help ont the Fitness Courte. NFC supplies your community with training and annualr routines and allows the! local community tol hold classes that are gear  towards yours specific users groups.  Challenge Series Friendly competition for active adults in: 3,5or7 minute intervals  Balance Series Tone the mind and body in a beautiful outdoor setting  Mobility Series Maintain and restore, joint health and range oft motion  I'm encouraged, and glad to see the outdoor Fitness Court includes equipment to improve balance, which is key to preventing falls. It's free and open to the public, s0 no one would have  any reason not to take advantage ofit."'  Carol Claybaker Senior Resident of Janesville, WI  The Fitness Courte App  The Fitness Courto Appi is your digitalg gatewayt tot the ecosystem and your personal coach iny your pocket. Learnt the moves atv varyingl levels and understand the 7Minute-7 Movement rotation. Moves can! be adjusted as needed for ability! levels. New workouts from world renowned trainers constantly updatedt to the app: showcasing specialized routines liket the  Mobility & Balance andi Mobility Flow.  HOW IT WORKS  BALANOE  1CORE  MOBILITY& BALANCE beginner MSFLEody  MOBIUTY a BALANCE advanced  IA  3    MATIONELI FIESS Fitness Court Accessibility Overview  ACommunity Platform For All  Fitness Courte Equipment Layout  ADAF Fitness Courto equipment layout allowing wheelchair accessibility and clearancei for other stability assistance equipment.  EQUIPMENT ADAI LAYOUT  NOTES: DIMENSIONSS SHOWCEARD DISTANCE BETWEENE EQUIPMENTFORADA COMPLIANCE. WALLE BRACKETSA ARE MOUNTEDSA ABOVET THEF FLOOR,  VALL WTH ATTACHED- WALL ERACKETS AND PUL.CHANS PJS- STATION- OTY2 PLYO BOX PLYO30K  PLYOECK  (TALLESI) F.YC BOX 4 PLYO30 5/ PYCBOX 6- (SHORTESI)  --PULL SATION RIGHT OYE -PU.L STATICNL LEF 0Y2 -STATION NAME TEX QIY75 STATICN MAMES (FLOCR M4R<ING) LADDER PATERN (F.COR MARKING) D0s PATTERN OTY2 RLOOR MARKING) U'IGE STATON1 OTY2 --LUNGE STATICN2 QIYa -60" MINIMLM EYTENDSAB AS-RECURED -BEND STATION SHORT -BEND STATIONT TALL  12". 28" S.AB ECGE TO NEAREST EQLIPMENT  71.91" SLA3. EDGE TONEAREST ECJIPMEN  CONS  GENFCA  3    PROCLAMATION RECOGNIZING BLACK. HISTORY MONTH  WHEREAS, each February we celebrate Black History Month in order to recognize the contributions of African Americans who developed the legacy of our local, state and national governments, as well as our communities; WHEREAS, Black History Month grew out oft the establishment, in 1926, ofl Negro History Week by Carter G. Woodson and the Association for the Study of Negro Life and History celebrating the birthday of leading WHEREAS, North Carolina cooperated in the early celebration through the state's Department ofl Education and in 1976 President Gerald Ford recognized Black History Month as a national celebration in conjunction with the WHEREAS, Lee County celebrate the contributions of our early trailblazers such as. A.L. "Link" Boykin, noted leader and building contractor and William B. Wicker, noted educator and community leader, to name ai few; and WHEREAS, Lee County cherishes the fact that our State's Leadership includes Lt. Governor Mark Robinson WHEREAS, our community recognizes the leadership of Sanford City Council members Mark Akinosho, James Williams, Byron Buckels, and Walter Ferguson, as well as those before them. The County includes the former Vice-Chair Ricky Frazier and current Board Member Robert Reives, Sr., not to forget the number of unnamed City and County employees who contribute their services to our citizens each and every day; and, WHEREAS, Lee County recognizes the too numerous to name members of our County who contribute WHEREAS, the observance of Black History Month calls our community's attention to the continued need to NOW,THEREFORE, BEI ITI PROCLAIMED that thel Lee County Board ofCommissioners proclaim February 2024 as Black History Month in Lee County, North Carolina and encourage its observance upon all citizens.  and  abolitionist, Frederick Douglas; and  Nation's Bicentennial; and  and House Democratic Leader Robert T. Revives, II; and,  immensely to our economic, cultural, and spiritual development; and,  champion equality and to build a society the lives up to our nation's ideals; and  Presented this 22nd day of January, 2024.  DEmttu  Kirk D. Smith, Chair Lee County Board of Commissioners  ECOIN  AR  ATTEST:  smlwy ull Hailey Hall, Clerk tot the Board  CARS    STATE OF NORTH CAROLINA COUNTY OF LEE  AGREEMENT  1.  AGREEMENT. This agreement ("Agreement") is entered into on the 22nd day of  January, 2024, by and between Lee County, a political subdivision oft the State ofNorth Carolina ("County") and Churchich Recreation, LLC, ("Contractor"), whose business address is 20 Towne  Drive PMB 186, Bluffton, SC 29910.  2.  INDEPENDENT CONTRACTOR. Contractor shall be an independent contractor  in all: its activities pursuant to this Agreement. Neither Contractor nor any ofits employees are to be considered County's employee or agent for any purpose including, but not limited to, the accrual ofa any employee benefits. Contractor is not authorized to represent County or otherwise bind County in any dealings between Contractor and third parties. Any employees furnished by Contractor under this Agreement shall be deemed to be Contractor's employees exclusively. materials, supplies, transportation, tests and supervision required to complete in a workmanlike manner the work described in the Engineered Stamped Drawings ("Drawings"), which were  3.  SCOPE OF THE WORK. Contractor shall furnish all labor, equipment, tools,  submitted with Contractor's bid.  4.  PERIOD OF PERFORMANCE. This Agreement shall commence as ofthe date  first written above and shall continue until terminated by either party in accordance with the terms oft this Agreement. Contractor shall promptly commence Work and shall complete Work  as required in the Project within onel hundred and twenty days.  5.  PAYMENT FOR WORK. Payment for work satisfactorily completed shall be  made within thirty (30) days of receipt ofinvoice by County's finance office. Payment will be made in a lump sum to Contractor after County is satisfied with the project. The County will pay the Contractor an amount not to exceed $98,920.97 (ninety-eight thousand, nine hundred and twenty dollars and ninety-seven cent) for the scope of work for this project. Contractor shall submit documentation supporting its entitlement toj payment as required by County, and County shall have no obligation to pay Contractor unless and until County has received such documentation. The County will not pay for late charges or finance charges assessed for any  reason.  6.  LICENSING REQUIREMENIS. Contractor represents and warrants that it holds  av valid North Carolina General Contractor's License at all times in the performance of Work and that license meets the level of requirements for this project and shall submit to County a copy of said license. Any subcontractors retained by Contractor must also hold current, appropriate  licenses. 7.  PERMITS ANDLICENSES. Unless otherwise agreed in writing in advance by  County, Contractor shall obtain and pay for all licenses and permits that are: required for it to  1    perform Work. 8.  COMPLIANCE WITH LAWS/COMPLIANCE WITH RULES AND POLICIES  OF COUNTY. Inj performing the services pursuant to this Agreement, Contractor shall comply with all laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and courts having. jurisdiction. Contractor also shall comply with all rules and policies of County. Contractor will also perform background checks of  his employees and require background checks of subcontractors. in Exhibit B, attached and incorporated herein by reference.  9.  INSURANCE. Contractor shall comply with the insurance requirements set forth  No workers' compensation insurance shall be obtained by County concerning Contractor ort the employees of Contractor. Contractor shall comply with the workers' compensation law  concerning Contractor and the employees of Contractor.  10. TAXES. Contractor shall be responsible forj paying all taxes, fees, assessments and premiums of any kind payable on its employees and operations. Contractor shall substantiate, on demand by County, that all taxes and other charges are being properly paid. Pursuant to N.C.G.S. 8 105-164.14, County is eligible for sales and use tax refunds on all materials which become a permanent part of the construction. Contractor agrees to provide County such documentation as may be necessary to meet the requirements ofthe North Carolina Department of Revenue regarding requests for refund of sales and use taxes. Such requirements include those described in the North Carolina Department ofRevenue Sales and Use' Tax" Technical Bulletins $18- To substantiate a refund claim for sales or use taxes paid on purchases of building materials, supplies, fixtures, and equipment by acontractor, County must secure: from a contractor certified statements setting forth the specific required information. A "certified statement"is: as statement signed byacontractorsCouny, a corporate officer ofacontractor, or an employee ofac contractor who is authorized toj provide information set forth in the statement. The certified statement must  2(F), outlined below:  include all oft the following information: a. The date the property was purchased; b. The type of property purchased;  The cost of property purchased and the amount of sales and use taxed paid thereon;  d. The vendor from whom the property was purchased; The project for which the property was purchased;  2    f. Ift the property was purchased in the State of North Carolina, the county to which it was delivered, or, ift the property was not purchased in the State ofNorth Carolina, the county in  which the property was used; and  Thei invoice number ofthe purchase.  In the event Contractor makes several purchases from the same vendor, such certified statement must indicate the invoice numbers, the inclusive dates of the invoices, the total amount of the invoices, and the State and local sales and use taxes paid thereon. Such statement must also include the cost of any tangible personal property withdrawn from Contractor's warehouse stock and the amount of State and local sales or use tax paid thereon by Contractor. Any local sales or uset taxes included in Contractor'ss statements must bes shown separately from the State sales oruse taxes. Contractor's: statements must not contain sales or use taxes paid on purchases oftangible personal property purchased by Contractor for use in performing the Contract which does not annex to, affix to ori in some manner become aj part oft thel building or structure that is owned or leased by a governmental agency and is being erected, altered or repaired for use by a governmental entity as defined by N.C.G.S. $ 105-164.14(c). Examples of property on which sales or use tax has been paid by Contractor and which shall not be included in Contractor's certified statement are scaffolding, forms for concrete, fuel for the operation of machinery and equipment, tools, equipment, equipment repair parts and equipment rentals. Similar certified statements by Subcontractors must be obtained by Contractor and: furnished to County. Contractor shall submit notarized salest tax certificates which meet thei requirements detailed above with each Application for Payment. Payment will not be made until the sales tax certificate(s) have been submitted to County. County is the recipient of sales tax refunds and no such funds 11. WARRANTY OF WORK. Contractor warrants that all Work shall be new, unless otherwise agreed upon, and of good quality and performed in a good and workmanlike manner. Contractor shall, ati its own expense, at the request of County, promptly replace or repair any defective or deficient Work for aj period oft three years after completion of Work. The express warranty contained in this section shall not diminish any of County's rights against Contractor with respect to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct  shall be provided to Contractor, or claim made by Contractor therefor.  Work.  12. SAFETY. Contractor shall establish and enforce safe working procedures at all times during its performance of Work in accordance with all federal, state and local laws, ordinances, rules and regulations pertaining to safety. Contractor shall ensure that any hazardous chemical use or transport must conform to OSHA's Hazard Communication Standard, Department of Transportation requirements and applicable EPA requirements. Contractor must provide the County a Material Safety Data Sheet with or prior to any shipment of any hazardous  chemical or material.  13. AGELIMITS. No employee of Contractor under the age of 18 shall be permitted  3    on property owned or leased by County.  14. CLEANUP. Contractor shall keep its work areas clean of debris and excess materials, and at the end of each day will leave its work areas in broom-clean condition. If Contractor fails to clean up as required herein, County may clean up and deduct the cost from Contractor's payment. Contractor is also responsible for the removal of hazardous construction materials from the job site, and those will need to be disposed ofin accordance with State, Federal and Local laws. Cleanup of the job site and removal ofhazardous waste materials must  occur within fourteen days.  15. LIABILITY. Contractor agrees to protect, defend, indemnify and hold County, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities ofevery kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes ofaction of every kind in connection with or arising out ofthis agreement and/or the performance hereof that are due, in whole ori inj part, to the negligence oft the Contractor, its officers, employees, subcontractors or agents. Contractor further agrees toi investigate, handle, respond to, provide defense for, and defend the same at its sole expense and agrees to bear all other costs and expenses related thereto. Contractor shall include this liability waiver in its contracts with Subcontractors: The Subcontractor waives any and all claims it may have against Lee County, its officers, employees and agents in connection  with its work on this project.  16. DEFAULT/TERMINATION. IfContractor fails or refuses to supply sufficient and properly skilled labor, equipment or materials, or fails in any respect to diligently prosecute Work, or otherwise is in default or breach of any term ofthis Agreement, County may terminate this Agreement upon 241 hours' written notice. In the event of such termination, Contractor immediately will stop work and remove its employees from County's property. County may complete the Work in whatever way it determines best, and at completion of the Work shall pay Contractor for the value of the Work performed by Contractor (excluding profit) but unpaid prior tot the termination, less any costs incurred by County to correct any deficiencies or defects attributable to Contractor's work. Ifal bid bond has been required, the County will collect on the  bid bond.  17. TERMINATION FOR CONVENIENCE. County may terminate this Agreement at any time upon three (3) days' written notice to Contractor. Such termination shall be effective ini the manner specified in such written notice. Upon ai termination for convenience, County shall pay Contractor for Work performed to the date oft termination. Contractor shall accept such payment in full and final payment and shall make no claim of any kind against County, including  but not limited to any claim for any additional payment.  18. ASSIGNMENT. Neither this Agreement, nor any payments to be earned pursuant tot this Agreement, may be assigned by Contractor without the prior written consent ofCounty. 19. NO WAIVER. The failure oft the County to strictly enforce any oft the provisions  4    ofthis Agreement, or not exercise its options provided herein, shall not be construed as a waiver ofi its right thereafter to require such compliance or to exercise any such options.  20. E-VERIFY. E-Verify is the federal program operated by the United States Department ofHomeland Security and other federal agencies, or any successor or equivalent program, used to verify the work authorization of newly hired employees pursuant to federal law. Contractor shall ensure that Contractor and any subcontractor performing work under this Agreement: () uses E-Verify ifr required to do so by North Carolina law; and (ii) otherwise complies with the requirements of Article 2 ofChapter 64 of the North Carolina General Statutes. A breach ofthis provision by Contractor willl be considered a breach ofthis Agreement, which entitles County to terminate this Agreement, without penalty, upon notice to  Contractor.  21. IRAN DIVESTMENT ACT. Pursuant to. Article 6E of Chapter 147 of the North Carolina General Statutes, County must require most entities with which it contracts, which would include the Contractor under this Agreement, to certify that the entity is not identified on a list created by the State Treasurer pursuant to N.C.G.S. $ 147-86.58 (the "Final Divestment List"). This requirement is related to ensuring that entities with which local governments contract are not involved in investment activities in Iran. The Contractor certifies that: ()itis not listed on the Final Divestment List; and (ii) it will not utilize any subcontractor performing  work under this Agreement which is listed on the Final Divestment List. parties, and may not be modified except in writing signed by both parties.  22. ENTIRE AGREEMENT. This Agreement represents the entire agreement ofthe 23. GOVERNING LAW. This agreement shall be construed and enforced in accordance with the laws ofthe State ofNorth Carolina. The parties to this agreement confer exclusive jurisdiction ofall disputes arising hereunder upon the General Courts ofJ Justice Lee  County, North Carolina.  24. NOTICE TO COUNTY. Contractor shall immediately notify the County ofany problems or issues that arise during the course oft the performance ofthis contract, including but not limited to, delays in shipping, faulty products or materials, delays in progress, unexpected  circumstances or budgetary issues.  25NON-APPROPNATION CLAUSE. Contractor acknowledges that Lee County is a governmental entity, and the contract validity is based upon the availability of public funding under the authority ofits statutory mandate. In the event that public funds are unavailable and not appropriated for the performance ofLee 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 ofthe unavailability and non-appropriation of public funds. Iti is expressly agreed that Lee County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements oft this contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. In the event ofa  5    change in the Lee County's 's statutory authority, mandate and mandated functions, by state and federal legislative or regulatory action, which adversely affects Lee County'sa authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to Lee County upon written notice to Contractor of such limitation or change in  Lee County's legal authority.  26. CONFLICT OF INTEREST. Ift this 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 aj potential for conflict ofinterest between Lee County and the third  parties regarding the subject matter oft this Contract or Agreement.  27. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL. Contractor certifies that (a)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  itto appear on any such list during the term of the contract agreement.  28. NON DISCRIMINATION IN EMPLOYMENT. The Contractor will not discriminate again any employee or applicant for employment because ofage, sex, race, creed, national origin or disability. In the event Contractor is determined by the final order ofan appropriate agency or court tol bei in violation oft this provision or any non-discrimination provision of federal, state or local law, this Contract may be suspended or terminated, in whole ori inj part by the County. In addition, the Contractor may be declared ineligible for further  contracts with the County.  6    IN WITNESS WHEREOF, the parties hereto, acting under authority oft their respective governing bodies, have caused this contract to be duly executed, this the day and year first above  written. ATTEST  A EAEPÇOUNTY  a  MM  By: fulal Clerk to the Board of  Chair, Board of Commissioners    ATTEST  CONTRACTOR  By:  By:  This instrument has been preauditedi in the manner required by the Local Government Budget and Fiscal ContractAct. Cadae Oaen Finance Officer, Lee County  7    EXHIBIT B  INSURANCE REQUIREMENIS  At Contractor's: sole expense, Contractor shall procure and maintain the following minimum insurances with insurers authorized to do business in North Carolina and rated A-VII or better by  A.M. Best. A.  WORKERS' COMPENSATION  Statutory limits covering all employees, including Employer'sLiability with  limits of: $500,000 $500,000 $500,000  Each Accident Disease Each Employee Disease Policy Limit  B.  COMMERCIAL GENERAL LIABILITY $2,000,000 General Aggregate $1,000,000 Each Occurrence  Covering Ongoing and Completed Operations involved in this Agreement.  $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury Limit COMMERCIAL AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit - Any Auto  $5,000  Medical Expense Limit  C.  D.  PROFESSIONAL LIABILITY $1,000,000 Claims Made  Contractor shall provide evidence of continuation or renewal of Professional Liability Insurance for aj period of two (2) years following termination ofthe  Agreement.  E.  POLLUTION LIABILITY INSURANCE $1,000,000 Claims Made  Contractor shall provide evidence of continuation or renewal of Pollution Liability Insurance for aj period oft two (2): years following termination oft the  Agreement.  8    F.  NETWORK SECURITY & PRIVACY LIABILITY (CYBER)  $1,000,000 Claims Made  Contractor shall provide evidence of continuation or renewal ofTechnology Errors & Omissions Insurance for a period oft two (2) years following termination  ofthe. Agreement. $300,000 $300,000  G. ABUSE. AND MOLESTATION INSURANCE  Per Claim Aggregate Limit  ADDITIONAL INSURANCE REQUIREMENTS  A. The Contractor's General Liability policy shall be endorsed, specifically or  generally, to include the following as Additional Insured:  Lee COUNTAISOFTICERS AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED WITH RESPECTS TOTHE Additional Insured status for Completed Operations shall extend for aj period of  GENERALLIABILINY INSURANCE POLICY. not less than three (3)years from the date of final payment.  B. Before commencement of any work or event, Contractor shall provide a Certificate of Insurance in satisfactory form as evidence oft the insurances Contractor shall have: no right ofr recovery or subrogation against Lee County  required above.  C.  (including its officers, agents and employees).  D. Itis the intention of the parties that the insurance policies afforded by contractor shall protect both parties and be primary and non-contributory coverage for any Lee County shall have no liability with respect to Contractor's personal property whether insured or not insured. Any deductible or self-insured retention is the Notwithstanding the notification requirements ofthe Insurer, Contractor hereby agrees to: notify County's Risk Manager at 408 Summit Avenue, Sanford NC 27330, within two (2) days oft the cancellation or substantive change of any insurance policy set out herein. Lee, in its sole discretion, may deem failure to  and all losses covered by the above-described insurance.  E.  sole responsibility of Contractor.  F.  provide such notice as a breach ofthis Agreement.  9    G. The Certificate of Insurance should note in the Description of Operations the  following:  Department: Lel County zovernhunt  Contract #:  H.  Insurance procured by Contractor shall not reduce nor limit Contractor's contractual obligation toi indemnify, save. harmless and defend Lee County for claims made or suits brought which result from or are in connection with the  performance of this Agreement. Certificate Holder shall be listed as follows:  I.  Lee County Attention: Risk Manager 408 Summit Avenue Sanford, NC: 27330  J.  IfContractor is authorized to assign or subcontract any ofits rights or duties hereunder and in fact does sO, Contractor shall ensure that the assignee or subcontractor satisfies all requirements of this Agreement, including, but not limited to, maintenance ofthe required insurances coverage and provision of certificate(s) ofinsurance and additional insured endorsement(s), inj proper form  prior to commencement ofs services.  10    County Manager's Report- - January 22, 2024  Ongoing Projects  Lee County Athletic Park - The Board officially named the multi-sport complex the Lee County Athletic Park (LCAP). The groundbreaking ceremony was held on December 8, 2023. Construction continues to progress in stages, with a current focus on earthwork and grading with storm water system installation planned next. A preconstruction meeting was held successfully on sewer and water utilities with City of Sanford Engineering in early January. Third party testing was initiated after Board approval on January 8 and is in progress to support construction. The Developer's Agreement was received from NCDOT, and a construction coordination meeting between SANFORD Contractors and the General Contractor responsible for NC-42 Highway expansion is planned for the end of January. SANFORD Contractors is currently working to finalize the design and cost of the additional retaining wall required onsite. AC change order will be required to cover the following items: well abandonment (two wells found onsite), additional retaining wall onsite, transition from rented to owned light poles, and temporary traffic signal Horton Pool-1 The final payment was issued, and the project is closed out with the pool general contractor. Final payment with the building general contractor has been coordinated to officially  required by NCDOT to support construction traffic.  close out the project.  Phasel8IIParks Projects = Kiwanis Children's Park and Temple Park-  Temple: Bathroom construction is nearing completion. The final inspection is scheduled for the week of January 15. Utility connections (water, sewer, and power) remain the outstanding items for the project. The contractor still needs to complete the bathroom Kiwanis Children's Park: Phase 2 consists of an additional playground (for smaller children), new restroom, news sidewalks, and new fencing. The project was sent out to bid OT Sloan Park Accessibility Project: Consists of updates to current bathroom, newA ADA playground, new sidewalks, parking improvements, new lighting, and new fencing. The project was sent out to bid and posted on the Lee County website January 12. Library Building Project-1 The Construction Documents (CD) Phase continues to progress and iso currently at 80% complete. Vines Architecture andl Lee County are continuing to review designs and costs to ensure the construction budget can be achieved. The library building project was presented at the November 2023 Technical Review Committee (TRC) Meeting, and no major issues or concerns were noted by the committee. The outside sewer connection design has been approved by City of Sanford Engineering and was submitted to the State of North Carolina for final approval with response expected by the end of January. Staff and Vines are planning to Historic Courthouse - Hobb's. Architects has completed Design Development (DD) documents. The North Carolina State Historic Preservation Office (NCSHPO) has reviewed the 100% DD drawing set and project manual and has provided several comments that need to be addressed. Hobb's. Architects will now start working on the Construction Documents (CD) set to complete the drawing and project specification while addressing all comments provided by NCSHPO.  painting and close out any items on the punch list. and posted on the Lee County website January 12.  start the bid process in March 2024.    Inspections performed by the Architect identified several window lintels that need immediate repair. Lee Countyhasr received two quotes for window arch lintel repair andi is currently reviewing both. Lee County will initiate and cover this project outside of the Emergency Supplemental Historic Preservation Fund (ESHPF) Grant Project. The grant funds will primarily focus on the Lee County Jail Feasibility Study - Moseley continues to move forward on the feasibility study and is currently setting the next meeting for project updates and engineering walk through of the facility. The study is expected to take 120 days to complete, with anticipated completion in mid- Comprehensive Fire Services Study and Long-Range Plan = The kickoff meeting was held with the Fire Chiefs on November 30 and a summary oft the scope of the project was given. Chiefs were given the next steps for the project along with a packet ofi information needed by NC Fire Chiefs for the study. One-on-one visits with each chief are being conducted this week and next (1/22-2/24). Visits to evaluate stations, apparatuses, and equipment are scheduled for January  replacement of the roof.  March 2024.  29-31. Reports  Tax-The Tax Department Collections report for December 2023 is attached.  Building Inspections = Attached are the monthly inspection reports for November and Library Board of Trustees - The November and December Director's Report are attached, as well as the agenda for the January meeting and signed November meeting minutes. Parks and Recreation - The agenda for the November meeting and the signed October meeting  December 2023.  minutes are attached.  CCPT Report - The 2023 Annual CCPT Report is attached.  TRC-7 The TRC Agenda for December 2023 and. January 2024 are attached.  Upcoming Meetings/Events:  STARS Awards - January 23, 2024 - 8:30 a.m. - Gordon Wicker Room  Board of Commissioners Regular Meeting = February 5, 2024 - 6:00 p.m. - McSwain Center Board of Commissioners Regular Meeting = February 22, 2024 - 6:00 p.m. - Civic Center  NORTHCAROLINA, LEE COUNTY Presented for registration ont this. y oFeb 2,24t8-30APM recorded inl Book_3lo Page955 Pamela G. Bilt, Register of Deeds