CC  LEE COUNTY BOARD OF COMMISSIONERS DENNIS WICKER CIVIC CENTER 1801 NASH STREET SANFORD, NC 27330 September 18, 2023 MINUTES  Roll Call Taylor Vorbeck Absent: Bill Carver CALL TO ORDER INVOCATION  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.  Commissioner Mark Lovick provided an invocation and led the Board and meeting attendees  in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE ADDITIONAL AGENDA  Chairman Smith asked to move item VI.A County Telephone System to right after Public Comments, to remove item V.E. Approve Agreement for Project Stronghold and Authorize Staff to Change the Name in the. Agreement Once Announced and to Make Minor Changes to the Agreement Before Executed by the Chair, and to add a Closed Session.  Motion: Motion to approve the Agenda as amended.  Mover: Cameron Sharpe Absent: 2- Robert Reives, Bill Carver Motion Result: Passed II. APPROVAL OF CONSENT AGENDA  For: 5- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Mark Lovick, Taylor Vorbeck    Motion: Motion to approve the Consent Agenda as presented.  Mover: Taylor Vorbeck Absent: 2- Robert Reives, Bill Carver Motion Result: Passed  For: 5- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Mark Lovick, Taylor Vorbeck  II.A Purchase Two Chevrolet Silverado 1500 4WD for the Narcotics division  Capital Chevrolet quote.pdf in the amount of $258,033 546 FY24 Lee.pdf  II.B Request to Accept Activity 546 Communicable Disease Pandemic Recovery Funds  II.C Budget Amendment #09/18/23/03  Budget Amendment Packet 09-18-23_V4.pdf  II.D Request to Purchase a New Truck for Environmental Health  2024 Nissan Truck Quote.pdf Funds in the Amount of $2,000 130 FY24 Lee .pdf 543 FY24 Lee.pdf  I.E Request to Accept Activity 130 Management of Chronic liness in Pregnancy State  II.F 543 Epidemiology and Laboratory Capacity (ELC) Enhancing Detection Activities  II.G Bad Debt Write-Off for FY 21-22  LCHD BDWO - 6 Years - August 2023.pdf LCHD Bad Debt Write-Off FY: 21-22.docx  ILH Approval of Updated Memorandum of Agreement (MOA) Between North Carolina State University and the County of Lee for NC Cooperative Extension-Lee County  Center  Lee County MOA 2023.pdf Page 1 Lee MOA Addendum 2023 .pdf II.I Minutes from the August 21, 2023 Regular Meeting BOC Regular Meeting Minues.821-23.maicoox II.J August 21, 2023 Closed Sessions Minutes - Personnel  II.KLandscape and Architectural Services for OT Sloan Accessibility Project 2023.09.12 OT Sloan Playground Proposal_CB Comments.pdr  II.L Refund and Release Report for August 2023 RELEASE CODES SPREADSHEET.S  Gen Statute 105.docx    August Real Property Abatement Report.pdf August Personal Property Abatement Report.pdf  II.M Resolution Delegating Refund Authority for Overpayments of Excise Tax Final Resolution Delegating Authority Overpayments of Excise Tax.pdf II.N Approve Resolution to Credit the Lee County Sheriff for Vacation and Sick Leave  N.C. Gen. Stat. 105-228.37.PDF  Time  Sheriff Time Resolution.docx  II.O Rural Operating Assistance Program (ROAP) Transportation Funding FY 2024 FY24 County ROAP Certified Statement 08-31-23 Lee County.doc FY24 ROAP Application 08-31-23 Lee County.doc and Execute Contracts on Behalf of Lee County Resolution Delegating Signature Authority to ACM Final.docx  II.P Resolution Delegating Limited Authority to the Assistant County Managers to Award  II.Q 2024 Chevrolet Silverado 15004 4WD Don Franklin Animal Control Truck quote.pdf IIR Summit Building Interior Painting Bid Tabulation Sheet - Copy.xisx II.S Summit Building Carpet Replacement 0B.168653.082123.113006.par  II.T Approve Final Resolution Disposing of Cone Street and Authorize Chair to Sign all  Documents Related to Effectuate the Transfer Cone Street Final Resolution Packet.pdf II.U Davenport Financial Advisory Fee  Lee County NC Davenport Fee Arrangement Letter 8.30.23.pdf  II.V Reappointment of Commissioner Kirk Smith to the Sandhills Center Board of  Directors  II.W Purchase of Cubicles Under State Contract for the BOC Room  Renovations Lee County Quote.pdf  III. PUBLIC HEARING    III.A Public Hearing for the FY 25 Lee County Community Transportation  Program Applications  Senior Services Director Debbie Davidson asked to hold a Public Hearing for the FY 25 Lee County Community Transportation Program Applications. The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Lee County, and provides transportation options and services for the communities within this service area. These services are currently provided using demand response and subscription routing options. Services are rendered by the County of Lee Transit System (COLTS). The total estimated amount requested for the period July 1, 2024 through June 30, 2025. is: Administrative is $250,742 in Federal and State Funds and $37,612 in a 15% local match; Capital is $522,692 in Federal and State Funds and $52,270 in a 10% local match for four 20-ft Lift Equipped LTVs; and Mobility Management is $53,825 in Federal and State Funds  and a $5,383 or 10% local match.  Chairman Smith opened the Public Hearing at 6:04 p.m.  No one spoke in favor or in opposition.  Chairman Smith closed the Public Hearing at 6:04 p.m. 5a-F FY2025 Public Hearing OIW.COUNTYORLEEACOA 5A-FY2025 Public Hearing Notice Spanish._COUNTYOFLEE.docX 5c - FY2025 Program Resolution.COUNTYOFLEE.dOCK 5d-F FY2025 Public Hearing Record_COUNTYOFLEE.docX 5f-FY2025 LocalShareCertification.COUNTYOFLEE.docx  III.B Multi-Sport Complex Financing  Finance Director Candace Iceman asked to hold a Public Hearing on a Limited Obligation Bond financing agreement in the principal amount not to exceed $17,000,000 for the purpose of providing funds, together with other available funds, to pay the costs of acquiring, constructing and equipping a new multi-sports  complex and pay certain financing costs relating thereto. Chairman Smith opened the public hearing at 6:05 p.m. Commissioner Robert Reives arrived at 6:06 p.m.  Those who spoke in opposition: opposition which was read aloud) Those who spoke in favor: -Jeff Smith, 164 Fraley Road, Sanford  L David Smoak, 96 Northridge Trail, Sanford (submitted a written public comment. in  Chairman Smith closed the Public Hearing at 6:12 p.m. Master Trust Agreement-Lee 2023 LOBS (Multi-Sports Complex).doc Deed of Trust-Lee 2023 LOBS (Multi-Sports Complex).DOC  First Supplemental Trust Agreement -Lee 2023 LOBS (Multi-Sports Complex).DOC    IV. PUBLIC COMMENTS V. OLD BUSINESS  No public comments were received.  V.A Lee County Multi-Sports Complex Bid Recommendation  Development Services Director Brandon Key presented a bid recommendation for the Multi-Sports Complex. The bid package was published and sent out on July 18, 2023 to all prequalified bidders. Eight firms were previously prequalified. On August 29, 2023, three bids were received and opened. Bids were submitted by Conti Civic, LLC ($42,961,442), Bar Construction Company, Inc. ($27,517,000), and Sanford Contractors, Inc. ($26,817,160). Bids have been received and reviewed by McAdams and Lee County. Sanford Contractors has been confirmed as the lowest responsive, responsible bidder and is recommended for approval as the general contractor for the project. County Manager Lisa Minter provided a handout with the breakdown of the costs of the project, a copy of which is attached and incorporated into these minutes. A total potential cost of the project is $42 million, which is $2 million over the, previously approved total of $40 million. Mitch Brigulio of Davenport was present and gave a brief overview of the County's financial position. The County will sell the general obligation bonds tomorrow at a competitive sale and there are currently 13 bidders signed up to bid on those bonds. Bidders are bidding on three main components of the general obligation bonds: the interest rate, the bidders' costs and fees to purchase the bonds, and a premium or discount on the bonds. Davenport will award to the overall lowest interest rate. In the current market, Davenport is expecting bidders to pay a premium of $2.1 million on the general obligation bonds. The plan is to issue $25 million in general obligation bonds and $17 million of limited obligation bonds. If the expected 2.1 million premium is received, less limited obligation bonds will be needed. Davenport is anticipating, just shy of a $40 million principal amount of bonds issued to generate the $42 million to fund the project, but this is subject to market conditions. The Board held a public hearing and approved the general bond obligations already, which will be sold 2023-08-31 Lee County MultSport-Certified Bid Tabulation-Final (002).pdf Motion: Motion to approve Sanford Contractors to be awarded the bid for the Lee County Multi-Sport Complex to allow Lee County to move forward with For: 6 - Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark  tomorrow. The next step is approving the resolutions.  contract negotiations. Mover: Robert Reives Lovick, Taylor Vorbeck Absent: 1-B Bill Carver Motion Result: Passed    V.B Resolutions Regarding Multi-Sport Complex Limited Obligation Bonds, Series 2023B Finance Director Candace Iceman presented the resolutions regarding the Multi- Sports Complex Limited Obligation Bonds, Series 2023B Financing. The Board will need to waive its policy to take action the same night as the public hearing. PH_Prelim. Resolution_Approving Resolution-Lee 2023 LOBS (Multi-Sports Motion: Motion to waive the Board's policy to waive its policy to take action the For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  Financing  Complex) (005).doc same night as the public hearing. Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1- Bill Carver Motion Result: Passed  Motion: Motion to approve the Resolution Making Certain Findings and Determinations Regarding the Proposed Financing of a New Multi-Sport Complex and Requesting the Local Government Commission to Approve the For: 6-[ Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  Financing Agreement. Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1- Bill Carver Motion Result: Passed  Motion: Motion to approve the Resolution Approving and Authorizing the Sale and Issuance of Limited Obligation Bonds and he Execution and Delivery of a Master Trust Agreement, a First Supplemental Trust Agreement, a Deed of Trust, and Related Documents in Connection with the Financing of a New For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  Multi-Sport Complex. Mover: Mark Lovick Taylor Vorbeck Absent: 1- Bill Carver Motion Result: Passed  V.C New Lee County Library (DD Presentation)  Development Services Director Brandon Key introduced Vines Architecture to provide an update on the New Library Project. Jeff. Schroeder and Kaitlan Phelps of Vines gave a presentation regarding the design on the New Library, a copy of which is attached and incorporated into these minutes. The Library Board of Trustees and Library staffrecommended Option A, a darker metal and brick, for the exterior of the building. The project is near the end oft the design development, phase and about to begin the construction documents and estimatesapprovals phase. The design has a sensory space and calming room. Square tile carpet will be used, along with the terrazzo flooring and tile for bathrooms. A small kitchenette and vending machine area is also within the plan. Library Services Director Beth List said the kitchenette is designated as staff space and the vending machines will be available to the public. Covered drinks are currently allowed at the Library and staff has seen an increase in    attendance since implementing that rule. The multi-purpose room will have adequate acoustic treatment in the floor and ceiling for Commissioner meetings and events. Commissioner Bill Carver, while not in attendance, asked that the following be read "lam the Board of Commissioners representative to the Library Board of Trustees and la attended the presentation by Vines made to the trustees and some of the library staff. The Board of Trustees recommended that the Commissioners approve Option A from the selection of exterior renderings. The trustees were particularly pleased with the way the design coordinates with the setting at the park. After viewing Vines presentation, Ihope you Motion: Motion to approve design element recommendation of Scenario A For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  into the record:  also approve Option. A."  provided by the Library Board of Trustees.  Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1-E Bill Carver Motion Result: Passed  V.D Planning Board Recommendation for UDO Text Amendment  The Board of Commissioners recused Commissioner Cameron Sharpe due toa potential conflict of interest. Zoning Administrator. Amy McNeill presented the Planning Board's recommendation for a UDO text amendment to allow internally illuminated and changeable copy for nonresidential uses in all residential agricultural (RA) zoning districts. This amendment would primarily impact churches in residential areas. Motion: Motion to recuse Commissioner Cameron Sharpe due to a potential For: 6-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  01-UDO TA-Signs in Res Districts.pdf  conflict ofi interest. Mover: Cameron Sharpe Taylor Vorbeck Absent: 1-E Bill Carver Motion Result: Passed  Motion: Motion to approve the Planning Board Recommendation for a UDO Text Amendment to Allow Internally llluminated and Changeable Copy Signage for Nonresidential Uses Permitted in Residential Zoning Districts. For: 5-1 Dr. Andre Knecht, Robert Reives, Kirk Smith, Mark Lovick, Taylor Vorbeck  Mover: Taylor Vorbeck Abstain: 1- Cameron Sharpe Absent: 1- Bill Carver Motion Result: Passed  V.E Approve Agreement for Project Stronghold and Authorize Staff to Change the Name in the Agreement Once Announced and to Make Minor Changes to the Agreement Before  Executed by the Chair  This item was removed from the. Agenda.    VI. NEW BUSINESS VI.A County Telephone System  Moved to after Public Comments.  ITL Director Kyle Edwards gave a briefoverview of the County's current telephone system. The current system has become expensive to maintain and will require replacement of 425 phones over the next two, years due to end of life with the manufacturer. IT staff sent out an RFP for a hosted telephone system and received 14 responses. Only two of the 141 responses were considered due to cost, and Carolina Digital Telephone scored the highest. Mr. Edwards then introduced Carolina Digital Phone Founder/CEO Nicky Smith for a presentation, a copy of which is attached and incorporated into these minutes. Mr. Edwards said COVID was challenging with the current phone system, but it would have been easier with this proposed system from Carolina Phone. It will be an estimated $30,000 annual Motion: Motion to approve the RFP response from Carolina Digital Telephone and authorize the County Manager to sign the contract, once finalized and approved by the legal staff, and approve the PO associated with this project. For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark  savings for telephone expenses.  Mover: Dr. Andre Knecht Lovick, Taylor Vorbeck Absent: 1 - Bill Carver Motion Result: Passed VI.B Jail Feasibility Study - RFP  Development Services Director Brandon Key presented an overview oft the Jail Feasibility Study RFP, which requested proposals from firms to perform a study on the current Lee County Jail Jail/Detention Center to determine the effectiveness, efficiency, security, structural integrity, and capacity of required detention facility space. Three firms submitted proposals, which included Moseley Architects, Dewberry, and CGL. All three proposals were, reviewed by a Lee County internal review panel, which unanimously recommends Moseley Architects to perform the Jail Feasibility Study. References provided by Moseley Architects in the proposal submission have been contacted by Lee County. Overall Moseley Architects is recommended for the jail feasibility study due to experience on similar local projects and an extensive background working on related projects. Harnett, Johnston, and Orange counties have used Mosely. The proposed cost provided by the recommended firm is $59,756, and contract negotiation is the next step if approved. Assistant County Manager of Operational Services Jennifer Gamble said the study Motion: Motion to approve staff recommendation to move forward with  will be roughly a five-month long process.  4320-01-24 Jail Feasibility Study Compelete packet (1).pdf Moseley Architects for the Jail Feasibility Study.  Mover: Robert Reives Taylor Vorbeck  For: 6-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,    Absent: 1- Bill Carver Motion Result: Passed  VI.C Resolution to add Lee County Senior Services to the Lee County Human Services County Attorney Whitney Parrish presented a Resolution to add Lee County Senior Services to the Lee County Human Services Agency effective January 1, 2024. The Board of Commissioners created a Consolidated Human Services Agency composed oft the Lee County DSS and Health Departments and created a Consolidated Human Services Agency Board to oversee the newly created. Agency. The County Manager was granted the authority to hire a Consolidated Human Services Agency Director, who oversees the Consolidated Agency. Currently, the Senior Services Department is overseen by the Assistant County Manager who also serves as the Consolidated Human Services Agency Director. In order to continue to expand the services oft the consolidated agency, it is staff's recommendation to move Senior Services into the Consolidated Agency. The Director of Senior Services will be overseen by the Consolidated Human Services Director and all employees will continue to serve under the Director and will abide by Lee County Personnel Policies. Staffis recommending that the advisory bodies of Senior Services continue to be the Senior Services Advisory Board and the Lee County Transportation Advisory Board. Motion: Motion to approve and adopt the Resolution to add Lee County Senior For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  Agency  Resolution Adding Senior Services to CHSA Flnal.docx Services to the Lee County Human Services Agency.  Mover: Robert Reives Taylor Vorbeck Absent: 1- Bill Carver Motion Result: Passed VI.D Bond Counsel Agreement  Finance Director Candace Iceman presented an agreement for the County's bond counsel, who plays a vital role in debt issuance by providing objective legal counsel and assistance with the preparation of various financing documents for submission to the Local Government Commission and other related debt issuance partners. Paul Billow, with Womble Bond Dickinson, has provided these services for Lee County in the past and has submitted a proposed fixed fee of $75,000 for the Limited Obligation Bond, Series 2023B public sale debt issuance. The fee is strictly related to this bond issuance, although staff does contact Mr. Engagement Letter County of Lee NC 2023 PR LOBs.pdf Motion: Motion to review and approve the agreement with Womble Bond Dickinson for bond counsel in relation to the upcoming Limited Obligation Bond, Series 2023B debt issuance for the Multi-Sport  Billow when needed.  Complex. Mover: Robert Reives Taylor Vorbeck  For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,    Absent: 1- Bill Carver Motion Result: Passed  VII. MANAGERS' REPORTS VII.A Sales Tax Report  Finance Director Candace Iceman, provided the sales tax report for June 2023. Sales tax revenues are 7.2% above the same period last fiscal year.  June 2023 Sales Tax report.pdf  VI.B County Manager's Monthly Report for September 2023  County Manager Lisa Minter provided her Manager's Report for the month of September, a copy of which is attached and incorporated into these minutes. Ms. Minter commended staff for the recent opioid crisis community chat event. She also asked the Board to consider moving the annual Board Retreat from January to December, which is before the budget process kicks off. Ms. Minter and staff spoke with Mark Stewart about naming the Multi-Sports Complex and confirmed that Mr. Stewart is willing to entertain names from the County. She asked the Board to consider options for naming the park including having the Board choose ar name, have the Parks and Recreation Advisory Board decide, or authorize staff toc conduct a public survey. Ms. Minter said the County will not sell the overall name of the park. Discussion was held that staff would solicit names from the public and submit them to the Parks and Recreation Advisory Board and that Board would bring names to the Board of Commissioners for final approval. Couny_Managers.Monty,Pepon.sepemmper.18.2023.HHd OCX CHSB.Minues./422023.aPPIOVeddOA Library_9.13.23 Lee County Library Board Agenda.pdf Library_6.14.23 LCL Board Meeting Minutes Library,2023.august Director_Reportpd: ParksRec Advisory Board Minutes.8-28-23.pdr PermitIssuance._Sumary-August 2023.pdf Tax_Monthly Managers Report August 2023.docx TRC Agenda_Seplemberpdr  APPROVED.pd  Motion: Motion to move the annual Board Retreat to December 14 and For: 6 - Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,  15, 2023, in lieu of the second December meeting.  Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1-E Bill Carver Motion Result: Passed Mover: Cameron Sharpe Taylor Vorbeck  Motion: Motion to direct staff to conduct a public survey (per the naming policy) for name suggestions for the Multi-Sports Complex. For: 6-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick,    Absent: 1- Bill Carver Motion Result: Passed  VIII. COMMISSIONERS COMMENTS IX. CLOSED SESSION  Motion: Motion to go into Closed Session per N.C. General Statute S 143- 318.11(a)(3) to consult with our attorney to preserve the attorney-client  privilege. Mover: Dr. Andre Knecht Vorbeck Absent: 1- Bill Carver Motion Result: Passed  For: 6-Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick, Taylor  The Board took a ten-minute break beginning at 7:29 p.m. prior to entering Closed Session.  ADJOURN 7:54 p.m. Mover: Taylor Vorbeck Absent: 2- Robert Reives, Bill Carver Motion Result: Passed Mover: Taylor Vorbeck Absent: 2- Robert Reives, Bill Carver Motion Result: Passed  Commissioner Robert Reives left the meeting at 7:53 p.m.  Motion: Motion to go back into Open Session. The Board resumed the meeting at For: 5-L Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Mark Lovick, Taylor Vorbeck  Motion: Motion to adjourn. The Board adjourned at 7:54 p.m.  For: 5- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Mark Lovick, Taylor Vorbeck  DaR M Domflie Kirk Smith, Chairman Lee County Board of Commissioners  ATTEST:  tlysl Hailey Hall, Cletk to the Board  COUNT B  CAR    MEMO TO: FROM: SUBJECT: DATE:  LEE COUNTY BOARD OF COMMISSIONERS LISA MINTER, LEECOUNTY MANAGER BUDGETI AMENDMENT# 9/18/23/03 September 18, 2023  SECTIONI. THE FOLLOWING GENERAL! FUND (1100) REVENUE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 10,000 10,000 5,635 29,153  NEW CHANGE BUDGET 8,822 18,822 146,870 156,870 258,033 263,668 9,508 9,508 2,000 31,153 425,233  DEPARTMENT Other Revenue Other Revenue Health-Communicabilel Dis. Health-COVID Cares Health-Maternal Health  ACCOUNT#  DESCRIPTION  1100-3930-38600 Miscellaneous Refund 1100-3930-38330 Insurance Refund 1100-3510-33440 DEHNR Communicable Disease 1100-3510-33701 DEHNR COVID Cares 1100-3510-33360 DEHNR Maternal Health  TOTAL CHANGES  SECTIONI. THE FOLLOWING GENERAL FUND (1100) EXPENSE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 381,443 12,550 5,380 1,167 3,267 5,236 16,840 11,581 1,526 8,573 5,121 2,483 1,232 6,213  NEW CHANGE BUDGET 146,870 528,313 8,822 21,372 5,000 10,380 3,000 4,167 3,000 6,267 5,000 10,236 199,033 215,873 5,000 16,581 5,000 6,526 5,000 13,573 5,000 10,121 12,000 12,000 2,500 4,983 6,000 6,000 2,500 3,732 8,000 8,000 1,508 1,508 2,000 8,213 425,233  DEPARTMENT Parks and Recreation Buggy Factory Health-Communicable Dis. Health-Communicable Dis. Heaith-Communicablel Dis. Health-Communicable Dis. Health-Communicable Dis. Health-Communicable Dis. Health-Communicable Dis. Health- Communicable Dis. Health-Communicable Dis. Health-Communicable Dis. Health-Communicable Dis. Heath-Communicable Dis. Health-Communicable Dis. Health-COVID Cares Health-COVID Cares Health-Maternal. Health  ACCOUNT#  DESCRIPTION  1100-6120-46800 Facility Development 1100-4263-46411 Capital Outlay> $5000 1100-5115-43110 Professionall Medical 1100-5115-43300 Maint Equipment 1100-5115-43400 Conference & Meetngs 1100-5115-43410 Travel 1100-5115-43960 Contracted: Services 1100-5115-44730 Lab Services 1100-5115-44100 Office Supplies 1100-5115-44170 Med/Ed! Supplies 1100-5115-44172 Non Prescript Drugs 1100-5115-46400 Capital Outlay 1100-5115-46412 Tech Equips <$5 5,000 1100-5115-46415 Equip <$500 1100-5115-46416 Tech Equip <$500 1100-5126-43960 Contracted: Services 1100-5126-44170 Med Ed Suppplies 1100-5101-44170 Med Eds Suppplies  TOTALCHANGES    SECTION H. THE FOLLOWING DRUG SEIZURE (2110) REVENUE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET  NEW CHANGE BUDGET 11,735 11,735 11,735  DEPARTMENT Drug Seizure Funds  ACCOUNT#  DESCRIPTION TOTAL CHANGES  2110-3990-39900 FUND BALANCE APPROPRIATED  SECTIONN. THE FOLLOWING DRUG AND SEIZURE FUND (2110) EXPENSE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET  NEW CHANGE BUDGET 11,735 11,735 11,735  DEPARTMENT Drug Seizure Funds  ACCOUNT#  DESCRIPTION TOTAL CHANGES  2110-4310-46411 CAPITAL OUTLAY $5000 AND ABOVE  Itl  suilmn Mrll HAILEY HALL, CLERKTO/HE! BOARD  KIRK  COLI NE EE BE    NC STATE  EXTENSION  Memorandum of Agreement  Between  The Board of County Commissioners  Lee County And  North Carolina State University  (N0040380.1)    Preamble  North Carolina State Extension (NC State Extension) was established as a part of the College of Agriculture and Life Sciences of North Carolina State University (NCSU)byf federal and state legislation for the specific purpose of "extending" the educational services of the University to the people of the state, on subjects related to agriculture and natural resources, family and consumer sciences, 4-H youth development, and community and rural development. The laws creating the Cooperative Extension Service were specifically designed to assure that thei findings of research ini these areas are Under the Federal Appropriations Act of 1972, funds were provided to the 1862 land-grant universities (including NCSU) to enhance the extension outreach of the 1890 universities, which included North Carolina A &TState University (NCA&T). The Food and Agriculture Act of 1977 further stipulated that these funds be appropriated directly to the 1890 institutions, and formalized the North Carolina Cooperative Extension Program as an official part of the School of Agriculture and Environmental North Carolina Cooperative Extension (Cooperative Extension) provides the opportunity for North Carolina State Extension and North Carolina A & T Extension to work together to better serve the people of the State through the delivery of locally relevant programs, education and expertise. The legislation further provided for a cooperative relationship among three levels of govemment = federal, state, and county - to ensure that the needs of all three levels are addressed. The primary purpose of Cooperative Extension is to provide the people of North Carolina with the most current and relevant unbiased research-based information - particularly that which is related to strengthening the economy through profitable, sustainable and safe food, forest and green industry systems; protecting the environment and natural resources; and empowering youth and families to lead healthier lives and become community leaders. These purposes are furthered by Cooperative Extension employees who are charged with carrying out the extension education programs of the universities and the U.S. Cooperative Extension has sufficient flexibility to permit attention to the special problems, needs, and interests of the citizens and leadership in each county. Therefore, the programmatic, personnel, and funding complement reflects the unique needs ofe each county. County Advisory Councils are consulted on a regular basis to assist in prioritizing the county educational program content. Program clientele or recipients ofs services include individuals, families, communities, municipalities, agricultural and seafood processing and marketing firms, other businesses and certain organizations. These services are To assure that educational programs offered by Cooperative Extension meet the needs of the local clientele, it is important that both elected and appointed decision makers at each level of government understand their respective responsibilities and relationships in conducting and funding this work. To this end, this Memorandum of Agreement will detail the individual relationships and mutually agreed- upon responsibilities of NCSU and each county or tribal community that signs this Memorandum of  communicated to the people of the State.  Sciences at NCA&T.  Department of Agriculture.  delivered to adults and youth in both urban and rural settings.  Agreement. (N0040380.1)  2    Part I.  NC State Extension will:  1. Establish minimum requirements and qualifications for employment in Cooperative Extension  work.  2. Receive and examine applications for employment.  3. Interview and screen applicants to determine their qualifications and availability.  4. Consult with the Board of County Commissioners, or the County Manager as designee, regarding qualified applicants for appointment to vacant or new Cooperative Extension positions. 5. Consult with the Board of County Commissioners, or the County Manager as designee, regarding the salaries and salary splits of all Cooperative Extension employees, including but not limited to County Extension Directors, Extension Agents, and County Operations Support 6. Prepare and submit an annual budget to the Board of County Commissioners, or the County Manager as designee, for securing the county's share of funds for salaries and operating 7. Provide funds for official travel necessary to conduct Cooperative Extension work and postage funds, to the extent that funds are available, and for purposes authorized by state and federal 8. Accept responsibility and provide the leadership for administration and supervision of Cooperative Extension programs and personnel, including compliance with affirmative action and equal employment opportunity requirements. NC State will investigate all cases of discrimination, harassment, or retaliation following applicable NC State policies. 9. Investigate and manage all employee relations issues related to NC State employees housed in local offices. We will work collaboratively with local county government and NC A&T University  Staff(COSS).  expenses each based on the state fiscal year.  policies.  when an issue impacts their employees.  10.Develop and administer a personnel management plan that will provide the annual review of each employee's performance, counseling for job improvement where needed, and periodic 11.Provide a staff of specialists to train agents in current technology and other changes affecting agriculture and natural resources, family and consumer sciences, 4-H and youth, and community and rural development, and to otherwise assist them in conducting work in these areas.  county program reviews.  (N0040380.1)  3    12.Provide Cooperative Extension professionals with training programs as needed to maintain 13.Seek regular input from the County and maintain a County Advisory Leadership System to ensure that county Cooperative Extension programs are based ont the particularn needs of people 14.Prepare and submit a "Report to the People" to the Board of Commissioners, or the County Manager as designee, at least annually, informing the Board or Manager of Cooperative  effective program delivery.  ini their respective county.  Extension programs and work accomplished.  Part II.  The Board of County Commissioners will:  1. Provide the County's share of salaries and benefits for Cooperative Extension personnel. 2. Comply with North Carolina's Workers Compensation Act, N.C. General Statute S 97-2(2). 3. Provide offices, equipment, utilities, telephones, office supplies, instructional materials and other items needed for efficient operation of the County Extension Center and its programs; and 4. Review and consider the annual budget request from NCSU, and take appropriate action by July 5. Provide regular input to the District and County Extension Directors on the particular needs of people in their respective county to help ensure that county Cooperative Extension programs  comply with the accessibility provisions of the Americans with Disabilities Act.  1ofe each fiscal year.  are based on specific needs and meet county programming plans.  Part III.  NC State Extension and the Board of County Commissioners mutually agree: 1. That all county Cooperative Extension employment appointments and separations will be made inc consultation between NCSU and the Board of County Commissioners, ort the County Manager as designee, and that no official action related to such appointments or separations will be taken by either party regarding appointment or separation prior to discussion of the matter with the 2. That the Board of County Commissioners and NCSU shall each be responsible for compliance 3. To cooperate in implementing affirmative action and equal employment opportunity plans of  other party.  with applicable laws and regulations relating to their respective operations.  NCSU. (N0040380.1)  4    4. The parties will work together to maintain an environment of high-quality cooperation and services. At the request of any party, a meeting or conference will promptly be held between the Parties' representatives to resolve any problems or develop any improvements. 5. That the policies established by the State of North Carolina under N.C. General Statute $126 and followed by the UNC System for SHRA employees be used in the granting and administration of leave related to the earning rates, transfer policies, payout computation and timing, and administration of vacation, sick, civil, community involvement, military, Family and Medical Leave, Family Illness Leave, leaves of absence, and other approved leave programs 6. That Cooperative Extension employees will follow county policies relative to office hours, office closings for inclement weather, and holidays, and for the management and use of county  for Cooperative Extension personnel.  property.  7. Thatp personnel procedures are as follows:  (a)! Establishing Accounts to Operationalize the Payroll Process.  i. Too operationalize the payroll arrangement, NCSU will establish a Trust Fund Account for the County at NCSU that will serve as the vehicle for the transfer offunds from the County to NCSU for use in paying the county's agreed-upon share of salary and li. Procedure for Providing Funds to the Account. A State Treasurer's Electronic Payment System (STEPS) form will be completed and the original submitted to the Assistant Extension Director of HR and Operational Strategy via the appropriate District Extension Director. The County Finance Officer, or the designated County representative, will receive notification from the NCSU College of Agriculture and Life Sciences HR Office prior to the University's payroll date, generally the last working day ofe each month, advising the amount due for the current payroll. Within 5 business days following the payday, the respective University will draft against the County's iii. Administration oft the Account. The trust account will be maintained in accordancewith the respective NCSU accounting policies and procedures. The trust account will be audited and reconciled by the NCSU College of Agriculture and Life Sciences Business Office to ensure the month-end account balance remains zero.  benefits for Cooperative Extension personnel.  established trust account in the amount communicated.  (b)! Employee Benefits.  i. Retirement Benefits. All Extension Personnel will participate solely in either the North Carolina Teachers and State Employees Retirement System (TSERS) and accompanying North Carolina DisabilityIncome Plan, ort the Optional Retirement Plan, based on eligibility criteria established by the State. They will be eligible solely for respective NCSU employee benefits forwhich they qualify based oni their appointment and FTE, and former federal appointees will maintain federal benefits, the employer-  paid parts of which will be paid for solely by NCSU.  (NO040380.1)  5    (c) Taxes and Fringe Benefits.  i. The County will be responsible for providing their proportional share oft fringe benefits for all Cooperative Extension personnel, including but not limited to the following: 1. Employer contributions to all applicable Federal and State taxes.  2. Employer contribution to TSERS per N.C. General Statute $135, ort to ORP per 3. Employer contribution to the Health Insurance matching charges per N.C.  N.C. General Statute $135-5.1. General Statute $135.  (d)! Workers' Compensation will be administered pursuant to N.C. General Statute $97-2(2). The Countywill provide full and direct coverage fort those employees subject to the County workers' compensation insurance within the county insurance program. Employees for whom the County will maintain workers' compensation coverage are the following:  1. All administrative and any other positions designated as County Operations  Support Staff (COSS); and  a. All Program Assistants/Associates who are not funded by directly allocated federal funds such as EFNEP, or Program Assistants/Associates who are paid in part by EFNEP funds but which account for less than 50% funding. b. NCSU will provide full and direct coverage for their respective Cooperative Extension employees subject to NCSU's workers' compensation insurance. Cooperative Extension employees for whom NCSU will maintain workers' compensation coverage are the i.A All County Extension Directors and Extension Agents; and ii. All Program Assistants or Associates who are funded by directly allocated federal funds such as EFNEP, or Programs Assistants orA Associates who are paid in part by EFNEP funds at equal to  following:  ormore than 50% funding.  (e)! Employee Separation  1. NCSU will process severance pay for reductions-in-force (RIFs) as delineated in the COSS Employee Handbook for County Operations Support Staff 2. Upon an employee's separation, the County will pay out its proportional share of annualvacation leave, up to a maximum of240 hours per the OSHR and/or UNC System guidelines, and any applicable bonus leave balance.  (COSS).  (N0040380.1)  6    3. The County will payi its proportional share of state longevity for COSS employees upon an employee's service anniversary date. 4. The County will pay out its proportional share of any accrued "extra" time (hour-for-hour): or overtime (1.5 hour-for-hour) to Cooperative Extension employees that are subject to Fair Labor Standards Act or the North Carolina Wage and Hour Act upon an employee's earning anniversary date or as due  to the employee at the time of separation.  () Optional County-paid Salary Increases or Bonuses to Cooperative Extension Personnel. At their discretion, Counties may award additional permanent salary increases or one- time pay awards ("bonuses") to Cooperative Extension personnel. If such salary increases or bonuses are proposed by the County under the 'non-lock-in" payroll arrangement, they must be communicated to the appropriate District Extension Director's office no later than the first day of any month in which the proposed increase orb bonus is to be applied. Increases must be entered in the currenti fiscal year.  (g)! Lock-In Provision  This section describes the preferred arrangement to support the salary agreement between the County and NCSU for Extension personnel. All counties will participate in the Lock-In provision unless designated on an Opt-Out Addendum the arrangement as  Non Lock-In.  1. Salary Adjustments for Extension Employees under the Lock-In Provision. The full compensation plan for university employees as approved by the General Assembly and implemented by the Office of the President, University of North Carolina System, will serve as the basis for all compensation adjustments and both the County and NCSU will adhere to the plan's effective dates and implementationi instructions. Cooperative Extension personnel receiving salary from grant funds will be governed by the terms and conditions of the applicable grant within the scope and applicability of NCSU personnel policies governing grants. These compensation components include, but are not limited to:  Across-the-board adjustments, Cost-of-living adjustments (COLA), Merit adjustments, Bonuses (in any form conveyed), and  Promotion, classification, market, or equity adjustments.  Salaryand Benefits. Salaries and benefits, as delineated above in 7(a-e), will be split according to the hiring agreement and will be detailed on an attached addendum. As both parties may provide increases, these percentages will  change slightly from the original hire percentage.  (N0040380.1)  7    2. County Increases in the Lock-In Provision  The County may elect to include NCSU employees in County increases, bonuses, etc. at any time. See 7(f) for more information on submitting county increases. Lock-In Provision indicates that all State adjustments will be honored and automatically drafted, but the County is not limited to just the State increases in  this agreement.  Part/ IV.  DURATION, AMENDMENT, AND TERMINATION  The parties will conduct a periodic review of this collaboration and responsibilities to determine and evaluate whether the parties are achieving the goals and accomplishing the responsibilities activities herein. No amendment of the terms oft this Agreement will be effective unless made in writing and Signatures of the persons below authorize execution of this document, effective as of August 31, 2023, and continuing year-to-year, unless otherwise terminated in writing by either party under written notification to the other party no less than one-hundred twenty (120) days prior to the proposed termination date. Termination of this Memorandum of Agreement shall have the effect of  signed by each Party's authorized signatory.  terminating the Cooperative Extension activities and programs in the County.  Signature:A Lee County Signature: Director  Date:  D. SMITH  VaDhtl  KIRIC  Chairperson or Designee Board of County Commissioners  Date:  North Carolina Cooperative Extension North Carolina State University  Signature: Dean  Date:  College of Agriculture and Life Sciences North Carolina State University  Addendum Attached Executed  This instrument has been preaudited in the nowowpanner required by the Local Government 8 Budget and Fiscal Contract Act. Candau ar Finance Officer, Lee County    NCSTATE EXTENSION Lee County  Addendum to Memorandum of Agreement  This addendum documents the current salary percentages provided by the County and by NCSU.  Salary Percentages for Lee County as of August 31,2023.  Position Title  Salary Percentage County  Salary Percentage NCSU 50 50 50 20 34 0 50  County Extension Director/4-H Youth Development Program Assistant - 4-H Youth Development Agent - Agriculture/Field Crops/Livestock  50 50 50 80 66 100 50  Agmi-ApultuePbntuaure Agent - Family and Consumer Sciences  Agent - Local Foods Administrative Assistant  County Ag Add-On=. .2  Any position added to this county's staff of Extension Personnel through mutual agreement between the County and NCSU subsequent to the effective date oft this modification will have its funding splits documented in correspondence  between this County and NCSU and will become part oft this Agreement.    WithersRavene! Our People. Your Success,  August 25, 2023  Joseph Keel, Parks and Recreation Director  Lee County 805 South Fifth Street Sanford, NC, 27331  RE: Proposal for Professional Services O.T.Sloan! Park Accessible Playground Sanford, North Carolina WithersRavenel Project No.: 23-0617  Dear Mr. Keel, 6448-00.  WithersRavenel, Inc. is pleased to provide this proposal to Lee County for consulting services. The project encompasses 1 parcel totaling approximately 0.3a acres andi is described as Lee County, NCI PIN(s): 9652-35- Wel look forward to collaborating with you ont this project. Please feel free to contact me with any questions and/or to discuss any aspect of the attached proposal. My contact information is below.  Sincerely, WithersRavenel ON tAsco Jon Blasco, PLA, ASLA Senior Project Manager, Design + Planning Dasco@wiheravenelcon Ph. 919.678.3801 Direct. 919.817.5356  137 South Wilinington Street. Suite 2001F Raleigh. NC: 27601 t:919,469.3340] IE919.467.6008 wwwthersiawemclcom, License No. F-1479 Ashevilic F Cary Chariotie Greensboro ILumberton! Pitisboro I Ralcighis Southern Pines Wilmington    WithersRavenel Our People. Vour Success.  Lee County  Sanford, North Carolina Proposal for Professional Services  A. Project Description  This fee proposal is intended to provide the scope of services and associated fees to provide consulting services per request of Lee County and formalize an agreement for the implementation and logistics for This proposal is based on the project site located within the existing O.T. Sloan Park located at 1418 Bragg Listed below is a summary of several key aspects of the project based on our discussions, preliminary research, and Exhibit I. Refer to the Scope of Services and Additional Services/Exclusions for further  these services.  St.inl Lee County, Sanford, North Carolina.  detailed information.  The project program includes the design of:  Ap pad for an accessible playground, (play equipment design and installation willl be by Accommodations for pedestrian accessibility including ADA accessible walkways and Fencing along the north, east and south boundaries of the play area and two gates. The location and selection of benches and other site furnishings such as trash cans. Wetlands, streams and associated buffers are. not anticipated on the property, sO Federally listed threatened or endangered: species may be present or within a one-mile range oft the project area, soa a Federal Endangered Species Survey has been included. Traffic Impact Analysis, traffic counts and road improvements are not anticipated to be required for this project and therefore have not been included int this scope of services. Itisa assumed that post construction stormwater treatment will not be required and therefore Ast thes site project area of disturbance isl less than one (1)acre, NCDEQ permitting for erosion Additional proposal(s) for services not included in this contract will be provided separately as Lee County shall be known as the "Client"; WithersRavenel shall be known as the "Consultant"; The property and overall project shall be known as the "Project"; Sanford shall be known as' "City";Lee County shall be known as "County"; The executed proposal shall be  others) parking spaces.  Aseat wall that will also serve to manage grade. Ap pedestrian plaza outside of the playground. Accessibility upgrades to the existing restroom facilities. environmental delineations have not been included.  has not been included.  control is not anticipated to be required. needed or upon request.  Fort the purposes of this proposal and any subsequent agreements the following references shall apply:  known as the "Agreement".  O.T.Sloan Park. Accessible Playground  WR Project No. 23-0617  August 25.2023  Page12    WithersRavenel Our Pecpie. Your Surcess  The following agency references also apply: North Carolina Department of Transportation shall bel known as' "NCDOT"; US Army Corps of Engineers shall be known: as "USACE"; North Carolina Department of Environmental Quality shall be known as' "NCDEQ".  B. Timeline for Services  WithersRavenel will begin work upon receipt of this executed Agreement and written notice to proceed fromi the Client. The estimated timeframe(s) for the basis of the services described in the Scope of Services  are shown below.  Due Diligence: Estimated 1 month Design and Permitting: Estimated 41 Months total; Services During Construction: Estimated 41 Months total; Active Construction: Estimated 31 Months.  The above-estimated timeframe(s) may bei impacted by, among other things:  Timeliness and additional permit and/or plan reviews ofr review agencies;  Timeliness and accuracy of information provided by the Client, Architect, and other Client  consultants.  Timeframe through construction will vary based on:  The Client's schedule and phasing;  Contractor's progress and adherence to completion date; Client and/or Agencies requesting additional work.  From the above and factoring in variabilityi int the approval process, we estimate the total project timeframe Ifavailable,o opportunities to adjust these estimated: timeframes can be discussed. Implementation of agreed- Certain tasks, such as reviews and approvals, are performed by third parties, including governmental agencies, over which neither Client nor) WithersRavenel has control or responsibility. As such, neither party  for the Scope of Services to be 10 Months.  upon adjustments may result in adjustments to' WithersRavenel fees. isre responsible for delays or the resulting cost impacts caused by third parties.  C. Scope of Services  WithersRavenel shall provide the services identified under each task below asi its "Basic Services" under the  Agreement:  Task 1. Project Management  WithersRavenel shall provide coordination and communication efforts fori items relating to the Project that are not specifically covered in separate tasks outlined in the scope with specific items shown below:  Prepare for and attend a virtual kick-off meeting with the Client. Meeting to be attended by Provide phone, virtual check-in meetings, and email coordination with the Client, including biweekly project email updates throughout design and permitting (half an hour per week for Attend virtual meetings with Client consultants or partners and provide email  two (2) WithersRavenel attendees, eight (8) hours total including travel.  8months, 16 hours total). correspondence (up to 61 hours)  O.T.Sloan Park. Accessible Playground  WRI Project No. 23-0617  August 25.2023  Page13    WithersRavenel Cur People. Your Success  Manage internal project processes, communication, and resources during process through  design as notedi ini the Scope of Services.  Task 2. Due Diligence Phase 2.1. Federal Endangered Species Survey  WithersRavenel shall perform the following services associated with this task:  Review available data from the USI Fish and Wildlife Service (USFWS), NC Wildlife Resource Commission (NCWRC): and! NCI Natural Heritagel Program CNAPDenilyletealy listed Submit a project review request to the NCNHP to identify any known historic or current occurrences of federally listed threatened or endangered species within the project area or Review available NCNHP GIS data to identify known occurrences of federally listed Complete review ofa available literature on habitat descriptions for federally listed threatened Conductasite reviewi to assess and mapy vegetative communities toi identify potential habitats Conduct aj pedestrian survey of all potential habitats to determine the presence/absence of Prepare a letter report documenting the findings of the survey, including Biological Conclusions for "effect" determinations on listed species. For those protected species that potentially occur in the area (i.e., suitable habitat is present on site) and that may not be readily detectable during the time of the survey (i.e., flowering plants), WithersRavenel will provide as statement concerning the ikelihood of the species occurrence based on available data and habitat observations, as well as recommendations for further surveys if necessary.  threatened and endangered species known to occuri in Lee County.  within 1.0 miles of the project area.  threatened or endangered: species within 5.0 miles of the project. and endangered. species known to occur in Lee County. for federally listed threatened ande endangered species. federally listed threatened and endangered species.  Submit a report of findings to the USFWS for concurrence.  2.2. SUE Level B Survey  WithersRavenel will use both Electromagnetic (EM) and Ground Penetrating Radar (GPR) to designate utilities within the specific areas outlined in the attached map. All utilities designated will be marked using the American Public Works Association (APWA) guidelines with marking paint and/or pin flags. Irrigation lines will have their main lines marked from one control box to the next. In addition to a field sketch, WR will survey the findings of the Level Bi investigation and provide an AutoCAD deliverable depicting all oft the  utilities designated. 2.3. TOPO! Survey  WithersRavenel will provide a topographic survey for a portion of Lee County PIN: 9652-35-  6448-00. The areai included in the topoi is: +1.15: acres; Horizontal control willl be based on NC State Grid, NAD'83(2011); Vertical control willl be based on NAVD'88;  Conventional survey willl be completed using spot grades at approximate 50' intervals and/or LIDAR mapping using UAS (Unmanned Air System). Agreement to this proposal will constitute permission toi fly the UAS over the project site and properties;  O.T. Sioan Park Accessible Playground  WR Project No. 23-0617  August 25.2023  Page14    WithersRavenel Our People Your Success  Contours willl be mapped at 1-foot intervals;  Locate all visible and obvious site improvements such as roadways, drives, walkways, signs, Utilities will be located based on observation of visible and obvious surface features. Sub- Storm and Sanitary Sewer, if any, will be located to include top and invert elevations, pipe Location of tree lines, plus a limited number of individual trees as specified by the design Mapping will be completed to a scale to be determined by the client's engineer and willl be delivered as a signed hard copy in PDF format and as a digital CAD file in AutoCAD .dwg Time and expense for resolution of conflicts of the boundary with adjacent properties such Preparation of any recordable or non-recordable boundary, subdivision, recombination,  parking spaces, roadway markings, etc., within the topol limits; surface utility location will be performed under separate tasks; sizes, and types, where such determinations. are possible; Aproject benchmark willl be set andi identified ini the mapping;  team; format;  Not included ini thes scope:  as gaps and overlaps and/or conflicts between deeds; easement, right-of-way or other surveys.  Task 3. Construction Documents, Specifications, and Permitting WithersRavenel will prepare final construction drawings for for review by Lee County. The construction plans and documents will be based on the site plan submitted as part of the 2022 Accessibility for Parks The following plan sheets willl be prepared and submitted to Lee County for Zoning Compliance Review  Grant that has been awarded to Lee County.  Construction drawings willl be prepared and willi include all of the plans noted below:  Cover sheet; General Notes sheet; Existing Conditions plan; Demolition plan; Grading and Drainage plan; Landscape plan and details; Construction Details  Site plan, including signage locations and pavement markings; Erosion & Sedimentation Control plan, calculations, and details;  Technical Specifications - Specifications will include Division 0, 1 and Divisions 2-33, as needed, to support the scope of work as defined by construction plans. Specs will be completed and provided to the Client for review at the initial CD Plan Utility drawings are excluded from this contract, as it is assumed that the existing utilities serving the existing restroom building are sufficlent/satisfactory for the restroom  submittal and at the. 2nd CD: submittal.  renovations.  O.T.Sloan Park Accessible Playground  WRI Project No. 23-0617  August 25,2023  Page15    WithersRavene! Our People. Your Success  Permit documents as required by Lee County. It is assumed that only Zoning Compliance approval will be required for these updates to the existing park. TRC permitting is excluded from this contract andi if required willl be considered additional: services. Zoning Compliance review includes (3) three total submittals and including (2) resubmittals. Ifa additional submittals are required, they willl be considered "Additional Services" and billed at an hourly rate per Exhibit I. Submittals reflecting design changes requested by the Client,  Owner, or other Consultant are subject to additional fees. Coordination with Playground Equipment Supplier  Itis assumed that the playground willl be designed by others. WR will coordinate with the selected manufacturer to ensure that the playground footprint is appropriate for the selected equipment and that grading and drainage is adequate.  Task 4. Architectural Services We understandi the architectural scope of work to include:  Renovate the existing Men's and Women's restrooms to be single use restrooms. Both  restrooms layouts are tol be ADA compliant. Provide new wall and ceiling materials and finishes. Provide new floor finishes in both restrooms Provide new plumbing fixtures and toilet accessories  Provide new entrance doors, door frames and door hardware as well as ADA compliant Exterior repairs as required (replace damaged/rotted wood, replace shingles, replace light and  signage electrical fixtures)  Noi improvements willl be undertaken in the concessions stand area  4.1. Due Diligence  Tim Sherman will undertake a site visit to field measure the existing facility, including vertical dimensions and structural entities. These field measurements will be used to generate an existing base floor plan and exterior elevations. These drawings will then be used as the basis for the preliminary designs.  4.2. Construction Drawings Preliminary Design  Ap preliminary floor plan willl be generated showing the revisions to be madet to the existing restroom! layouts. Once the preliminary floor plan have been approved, work will begin on the architectural construction drawings. The following is a list of architectural construction drawings and/or documents that have been determined to be necessary to facilitate building plan approval, bidding and construction of the project. Plans and specifications will be developed toa a level to allow for lump sum bidding of the project.  This will be modified as required based upon review comments from the Owner.  Construction Documents  Architectural  Commercial Building Code Summary Data Sheet (Appendix' "B")  Existing Floor Plan / Demolition Plan Floor Plan w/ Room Finish Plan  O.T.Sloan Park Accessible Playground  WR Project No. 23-0617  August 25,2023  Pagele    WithersRavenet Our People. Your Success  Floor Finish Plan Reflected Ceiling Plan compliance and toilet accessories to be provided Exterior Elevations (4) Interior' Wall Sections (1 assumed) Waste and' Water piping plans Plumbing Fixture! Schedule Power and Lighting plan Panel Schedule / Riser Diagram Project Manual  Enlarged Plans and Interior Elevations of the restroom areas, including indication of ADA  Plumbing  Electrical  Specifications: sections for work undertaken under the architectural portion of the project willl be generated and provided to WithersRavenel to be included int the project manual.  Task 5. Bidding  Itis assumed that Lee County will publicly bid the above improvements at O.T. Sloan Park in combination with Phase 2 improvements at Kiwanis Children's Park (design & permitting previously completed by WithersRavenel) as one construction project with one selected contrator. WithersRavenel will perform public bid phase activities fort thei the combined construction projects, including the following:  Prepare bid advertisement (tol be posted to IPS and other venues by the Client); Furnish construction documents for both sites to bidders via an electronic bidding service; Attend and conduct pre-bid meeting (estimated (1) one meeting attended by (2) two WR: staff Answer contractor/client questions during bidding (estimated (8) eight hours total); Assist on-site with bid opening (assume 1 WR: staff member @ (3) three hours total); Evaluate bids and prepare bid tabulation (estimated four (4)! hours total);  @ 41 hours each);  Prepare andi issue addenda (estimated 2 addenda);  Provide award recommendations to the Client.  The above services apply to one (1) bidding cycle only, i.e., it does not include additional bid attempts due toi insufficient, incomplete, non-compliant, or Client-rejected bids. Any additional bidding cycles will result  ina an additional fee.  Task 6. Construction Administration and Observation  Itis assumed that improvements at O.T. Sloan Park will be completed in combination with Phase 2 improvements at Kiwanis Children's Park (design & permitting previously completed by WithersRavene!): as  one construction project with one selected contrator.  O.T.SloanPark, Accessible Playground  WRI Project No. 23-0617  August 25.2023  Page17    WithersRavenet Ourl Peopte. Your Success  The active construction timeframe begins with thei installation of erosion control. WithersRavenel estimates the active construction timeframe to be four (4) months starting with erosion control installation through WithersRavenel will perform the following Construction Administration services as part of this task:  the completion oft the supporting infrastructure. 6.1. Construction Administration (Site)  Attend Preconstruction Conference with Client and Contractor assumes 2 WR staff @ 4  hours each);  Review shop drawings (estimated five (5) hours total); Request for Information (RFI) response (estimated ten (15) hours total); three (3) hours per pay-app, assumed four (6) pay-applications); (2) hour per change order, assumed three (3) change order requests);  Review and provide recommendation: ofp payment for contractor Pay-Applications (estimated Review and provide recommendation: for contractor Change Order requests (estimated two Attend monthly project progress meetings with Client and contractor (assume 2 WR: staff @ Manage internal processes and maintain communication with Client, Contractor and Lee County during the construction period (estimated six (6) months) - Includes email, phone  41 hours each);  calls, letters, etc. (estimated 0.5 hours per week)  Prepare agendas and meeting summaries /1 field reports for all meetings.  6.2. Construction Observation (Site)  WithersRavenel will perform thet following Construction Observation Services as part oft this task:  Periodic general observation: and documentation concerning the construction of thel Project's public utility and hardscape infrastructure which includes utilitys services, sidewalks, fencing, parking, playground equipment, etc. (estimated twelve (12), four (4) hour site visits during the Observation includes monitoring the operations of the contractor during construction activities for general compliance with the approved plans and Lee County standards. Field  active construction period).  Reports of activities observed while on site shall include; Photographs of project site and work performed; Identify and document progress of work;  Identify and document non-conformance observed during site visit; Prepare field reports of activities observed while on site; per month during the active construction period).  Site visits by Engineer of Record (assumed at three (3) hour site visit approximately once (1)  The following is a list of critical items that WithersRavenel staff need to observe during construction activities to meet minimum requirements per the approved plans as appliçable to this project:  Receipt of copy of cross slopes, longitudinal slopes, pavement widths of an: as-built survey of sidewalk (to be provided to' WithersRavenel by Owner or Owner's! Surveyor); Geotechnical test results on stone and asphalt densities and thicknesses (to be provided by Review construction for general compliance with the current Lee County standard specifications and general compliance with thei intent of the plans and specifications.  Owner to WithersRavenel;  O.T. Sloan Park Accessible Playground  WR Project No. 23-0617  August 25.2023  Page1s    WithersRavenet Our People Your Success  Ift the estimated schedule is accelerated or delayed, the overall fee could be adjusted accordingly. Because' WithersRavenel will not contract directly with Geotechnical firms ora any contractor performing the work, we are not responsible for the direction of work. The intent of on-site observation is to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, ift thel Worki is being performed generallyi ina accordance withi the general construction standards and specifications, contract documents. WithersRavenel shall not ber requiredi to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work and shall not have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are: solely the Contractor's rights and responsibilities under the Contract Documents. Based on thes site visits, WithersRavenel shall keep the Owner reasonably informed about the progress of the associated Work completed, and it shall be the Owner's responsibility to make decisions on' work progress, changes, and costs. Also, its shall be the Client's responsibility to engage the contractor ands schedule to repair any work that needs remediation: as identified by the government agencies inspection reports or notices of violations or as identified on WithersRavenel WithersRavenel is also not responsible for posting bonds and financial guarantees or payment of fees and other items related to design and permitting. WithersRavenel is not responsible for fines levied against the  reports.  Owner for failure to complete corrective. actions. 6.3. Construction Observation (Architectural)  Tim Sherman include four (4) site visits during the bidding and construction of the project:  Pre-bid meeting at the: site Pre-construction conference at the site Rough-in stage completion Final punch list site visit Doors, Frames, and Door Hardware Toilet Accessories Architectural Fiberglass Shingles Plumbing Fixtures Light Fixtures  Tim Sherman will review the following shop drawing submittals:  D. Exclusions/Aditional Services  Services that are not included in Section Cora are specifically excluded from this Agreement (see below): shall be considered Additional Services if those services can be performed by WithersRavenel and its agents if requested iny writing byt the Client and accepted by' WithersRavenel. Thef following listi is not alli inclusivea and the Scope of Services defines the services to be provided by WithersRavenel for this project. Additional services shall be paid for by the Client in accordance with thel Fee & Expense Schedule outlined in Exhibitll.  The exclusions are described below but are not limited to thef following:  Design Services Off-site improvements; Off-site utility or road improvements; Utility Design LEED certification coordination; O.T. Sloan Park Accessiblc Playground  Pavement design; Structura/foundation design and certification; Equipment Selections/Design;  WRI Project No. 23-0617  August 25,2023  Pagelg    WithersRavene! Our People. Your Success.  Site Lighting is limited to fixture selection; electrical engineering noti included; Documents/Drawings Record (As-Built) Plans; Environmental Services SHPO Historic Resources Assessment; Wetland Delineations; USACE. Jurisdictional Determination; NCDWR/Local Municipality Buffer Determination; PhaseI&IIESAS; Geomatics Services Annexation Plats; Tree survey/cover report by Registered Forester; Surveys for off-sitei improvements; Platting services; GIS mapping services; Construction staking; Building staking; As-built (record drawing): surveys; Easements, Easement/ROW Plats; Landscape Architecture Services Irrigation design; Renderings; Public art design or commissioning; Offsite/Specialty Development agreements; Utility allocation agreements; Preparation of electronic file: suitable for GPS machine control; Expert witnesses; Permitting Services Building permits and associated work; Water/Sewer permits; 401/404 permitting; Floodplain Development permit; NCDOT permitting; Sign permitting; Planning/Studies Land Planning services other than listed above; Entitlement services; Variance and Quasi-Judicial processes; Off-site Sewer Analysis; General All plan submittal, review, or permitting fees;  Traffic Impact Analysis; Signalization Studies; Hydrant flow determination and hydraulic analyses; Existing sewer hydraulic analyses; Special & Conditional Use Permits; Project Management Additional Meetings/Site Visits; Adjacent property owner discussions; Neighborhood meetings; Attendance at formal regulatory meetings unless noted above; Services by Others Geotechnical services; Architectural and MEP services; Structural Services; Arborist/Registered Forester Services; Services During Construction Construction management; Dry utility coordination/design: NPDES monitoring/reporting: Loan draw certifications; Bonds and Bond Estimates; Record drawings/as-bults; Engineer Certifications; O6M/SWMP Manuals; Stormwater Services Stormwater Management Plan; Stormwater Pollution Prevention Plan (SPPP) update or revision; Secondary containment designs; SCM design; Culvert design; Dami inspection, engineering, or analysis; Dam breach analysis; Flood: studies, floodplain permitting or coordination with FEMA (such as fora a LOMR-F, CLOMR/LOMR, etc.); Soil investigations (such as Seasonal high- water table determinations; Soil Medial Mix Testing and Gradation Certification; Downstream impact analysis; Nutrient calculations; Peak flow analysis; SCM conversion. proposals; within Section C.  Any work previously provided in other Any other services not specifically listed  O.T. Sloan Park Accessible Playground  WR Project No. 23-0617  August 25,2023  Page/10    WithersRavenel Our Peopte. Your Success  E. Client Responsibilities completeness of this information:  The following items will be provided by the Client and WithersRavenel will rely upon the accuracy and  General:  Manage and coordinate the work of any subconsultants/sut5/subcontractors that are not directly subcontracted through the Consultant; All submittal, review, or permitting fees associated with thel Project; Provide unencumbered access to the project site Provide direction and payments to contractors; Review all change proposals  Construction Specific:  F. Compensation for Services  WithersRavenel proposes to provide the Basic Services outlined in Section C on al lump sum or hourly basis with budgets as shown below plus reimbursable expenses in accordance with Exhibit II. The amounts set forth below have been determined based on the nature, scope and complexity of thel Project as represented in the information provided to WithersRavenel by Client prior to submittal of this proposal; subsequent  changes thereto may result in additional fees. Task Name Task1 Project Management: Task 2 Due Diligence Phase 2.2 SUE Level B 2.3, Topo Survey Task 4 Architectural. Services 4.1 Due Diligence 4.2 Construction, Drawings Task! 5 Bidding Assistance  Task No.  Fee $6,500. $2,500 $2,000 $5,200. $35,500 $1,400 $6,500 $5,000 $9,100 $7,800 $1,750  2.1 Federal Endangered Species Survey  Task3 Construction Documents, Specifications and Permitting  Task6 6 Construction Administration, /Observation 6.1 Construction Administration Site (Hourly) 6.2 Construction: Observation Site (Hourly) 6.3 Construction Observation Architectural  Total $83,250  (Hourly) Denotes hourly tasks. The fee budgets represented with hourly tasks are good faith estimates of what can be reasonably expected Invoices willl bei issued monthly, based on the percentage of completion1 fore each lump sum task. Payment is  during the performance of this contract. due upon receipt of invoice.  O.T. Sloan Park Accessible Playground  WRI Project No. 23-0617  August 25, 2023  Page111    WithersRavenel Our People Your Success  The above fees are based oni the estimated timelines noted in Section B. Any adjustments toi those timelines The attached Exhibit II, Fee & Expense! Schedule, is based on Consultant's rates as of the date oft thisp proposal and may bes subject to change for hourly tasks and any Additional Services that occur after any adjustments  may result in additional fees. tos such rates goi into effect. Acceptance  This proposal is valid 60 days from the date it is transmitted to Client. Receipt of an executed copy of this proposal will serve as the written Agreement between WithersRavenel and Lee County. All Exhibits identified after the signature blocks below, including the Standard Terms and Conditions (Exhibit I) and the Fee & Expense Schedule (Exhibit II), are incorporated herein and are integral parts of the Agreement.  OFFERED BY: WithersRavenet  ACCEPTED BY: Lee County  oN PLASLO August 25, 2023 Signature Jon Blasco, PLA, ASLA Name Senior Project Manager Title  Date  Date  Huphitw eseph-Keal Kirk SMH Psenferatbmensy, Chairman, Title Lil Cownty BarfloFDomwisionel  Sigryture Name  fautaygka-Kut 25, 2023 Courtney Landoll, PLA, ASLA Director of Landscape. Architecture  This instrument has been preaudited int the manner required by the Local Government Budgeta and Fisçal Contract Act. Cardadkciew Finance Officer, Lee County  Signature 1 Name Title  Date  Attachments:  Exhibit I- Standard Terms and Conditions Exhibit II- Fee & Expense Schedule Exhibit III- Scoping Map  O.T. Sloan Park Accessible Playground  WR Project No. 23-0617  August25.2023  Pagel 112    WithersRavenet Our People. Your Success.  Exhibit I  Standard Terms and Conditions  The proposal submitted by WithersRavenel, INC. (CONSULTANT)is: subject to the following terms and conditions, which form ani integral part of the Agreement. By accepting the proposal, thes services, or any part thereof, the CLIENT agrees anda accepts thet terms and conditions outlined below:  Payment:  change order, CONSULTANTI will give CLIENT written notice withint ten (10) days ofa acceptance ofa any resultingi increasei in CONSULTANT'S fees. 8. Opinion of Cost/Cost Estimates: Since the CONSULTANT has no control over the cost ofl labor, materials, equipment or services furnished by others, or overr methods ofd determining prices, or over competitive biddingo or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of CONSULTANT'S experience and qualifications and represent its reasonable judgment as ane experienced: and qualified professional familiar with the construction industry; but the CONSULTANT cannot and does not guarantee the proposals, bids or actual costs will not varys significantly from opinions of probable costs prepared! by it.Ifat any timei the CLIENT wishes assurances ast tot thea amount ofa any costs, CLIENT shall employ an independent cost estimator to make such 9. Assignment and" Third Parties: Nothing under this Agreement. shall be construed to give any rights or benefits int this Agreement to anyone other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit oft the CLIENT and the CONSULTANT and not fort the! benefit of any other party. Neither the CLIENT nor the CONSULTANT shall assign, sublet, ortransfera any rights under ori interests int this Agreement) without the written consent of the other, whichs shall not be unreasonably withheld. However, nothing contained herein shall prevent or restrict the CONSULTANT from employing independent subconsultants as the CONSULTANT may deem appropriate to assist int the performance ofs services hereunder. 10. Project Site: Should CLIENT not be owner of the Project site, then CLIENT agrees to notify the site owner of the possibility of unavoidable alteration and damage to the site. CLIENT further agrees to indemnify, defend, and! hold! harmless CONSULTANT against any claims by the CLIENT, the owner of the site, or persons having possession of the site which are 11. Access to Site: CLIENT is responsible for providing legal and unencumbered access to site, including securing all necessary site access agreements ore easements, tot the extent necessary for the CONSULTANT to 12. Survival: All of CLIENT's obligations and liabilities, including but not limited to, its indemnification obligations and limitations of liability, and CONSULTANT's rights and remedies with respect thereto, shall survive completion, expiration ort termination of this Agreement. 13. Termination: Eitherp partyr mayt terminatet theA Agreement witho orwithout cause upon ten (10) days advance written notice, if the other party has not cured ort takenr reasonable: steps to curet the breach givingr rise tot termination within thet ten( (10) day notice period. If CLIENT terminates without causeor fCONSULTANT terminates ford cause, CLIENT will pay CONSULTANTI fora all costs incurred, non-cancelable commitments, and fees earned tot the date of termination: mdhvowehdemallatewnrenemeelasomchergeru vendersandsubeenksentracterreswele emebietienests. 14. Severability: If any provision oft this Agreement, or application thereof toany person or circumstance, is foundt tol bei invalidt thens suchp provisions shall ber modified if possible, tof fulfill thei intent of the parties asr reflected in the original provision.1 Ther remainder oft this Agreement, ort the applicationofs such provision top persons or circumstances othert thant those as tov which itish held invalid, shall not! be affected thereby, and each provision oft this Agreement shall be valid ande enforcedt to thet fullest extent permitted bya applicablel law. 15. No Waiver: Noy waiver by either party of any default by the other party int the performance of any provision of this Agreement shall operate as ork be  ) The CLIENT will pay CONSULTANT for services and expenses in accordance with periodic invoices to CLIENT and a final invoice upon completion of thes services. Eachi invoice is due and payable infullu upon presentationt to CLIENT. invoices arep past due after 30 days. Past duea amounts ares subjectt toi interesta atar rate ofc one and one-half percent per month (18% per annum) ont the outstanding b) Ifthe CLIENT fails tor make payment tot the CONSULTANT within 45 days after the transmittal of ani invoice, the CONSULTANT may, after giving 7 days written notice tot the CLIENT, suspend services undert this Agreement until alla amounts duel hereunder: are paidi inf full. Ifani invoice remains unpaida after 900 days fromi invoice date, the CONSULTANT may terminate the Agreement. # Consultant wtpreeesat the fees- owed, Consultant shall also- be entitled- to-recover-the- Feasonable- expenses of collection-includinge attorneystces-- 2. Notification of Breach or Default: The CLIENT shall provide prompt writtenr noticet tot the CONSULTANTECUENT becomes aware ofa any breach, error, omission, or inconsistency arising out of CONSULTANT'S services or any other allegedb breach ofc contract orr negligencebyt the CONSULTANT.The failure of CLIENT top provides suchy writtenr notice withintenOdaysi fromthe time CLIENT became aware of the fault, defect, error, omission, inconsistency, or breach, shall constitute. a waiver by CLIENT of all claims against the CONSULTANT arising out ofs such fault, defect, error, omission, inconsistency, or breach. Emails shall be considered: adequate written notice 3. Standard of Care: CONSULTANT shall perform its services in a professional manner, usingt that degree of care ands skill ordinarily exercised by and consistent with the standards of professionals providing the same services in the same or a similar locality as the Project. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR. AF PARTICULAR PURPOSE" THAT' WILL OR CAN ARISE OUT OF1 THE: SERVICES PROVIDED 4 Waiver-of Consequential- Damages/-imitation- of Liability CLIENT agrees-that- CONSUTANPerNe liability- for all eleims- that- may- be essertedbyCHENFisH limited-to $50,000ortothef EepaistoCONSUHTANF undert APMmSASeN BAINCENF-MACONSWIAN: herebywawcanyTehet tos pursue claims for consequential damages against- one-another-includings any- claims forl Hlost profits- 5. Representations of CLIENT: CLIENT warrants and covenants that sufficient funds are available or will be available upon receipt of CONSULTANT'S invoice tor make paymenti inf fulli fort thes servicesr renderedby 6. Ownership of Instruments of Service: All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by the CONSULTANT as instrument of service, shall remain the property of the CONSULTANT. The CONSULTANT shall retain all common law, statutory and other rights, including the copyright thereto. Int the evento oft termination oft this Agreementa and uponi fullp payment of fees owed to CONSULTANT, CONSULTANT shall make available to 7. Change Orders: CONSULTANT will treat as a proposed change order any written orc oral order (including directions, instructions, interpretations, or determinations) from CLIENT which requests changes in the Agreement or CONSULTANT's Scope of Services. If CONSULTANT accepts the proposed  balance fromt thec date of thei invoice.  determination.  forp purposes oft this Agreement.  relatedt tos such alteration or damage. carry outi itss services.  BYC CONSULTANT OR THIS/ AGREEMENT.  CONSULTANT.  CLIENT copies ofa allp plans and specifications.  WithersRavenel, Inc.  Standard Terms & Conditions Page 1  Effective September 14, 2020    WithersRavenel Our People. Vour Success  construed. as a waiver of any future defauit, whether like or different in 16. Merger, Amendment: This Agreement constitutest the entireA Agreement betweeni the CONSULTANT: andt the CLIENT: anda alln negotiations, writtena and oral understandings between the parties are integrated and merged herein. This Agreement can be supplemented and/or amended only by a written document executed! by both the CONSULTANT: andt the CLIENT. 17. Unforeseen Occurrences: If, during the performance of services hereunder, any unforeseen hazardous substance, material, element of constituent or other unforeseen conditions or occurrences: are encountered which affects or may affect the services, the risk involved inp providing the service, ort ther recommended: scope ofs services, CONSULTANT will promptly notify CLIENT thereof. Subsequent to that notification, CONSULTANT may: (a) if practicable, in CONSULTANT's sole judgment and with approval of CLIENT, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; (b) Agree with CLIENT to modify the Scope of Services and the estimate of chargest toi includes studys of the previously unforeseen conditions or occurrences, such revision to be in writing and signed! by the parties and incorporated herein; or (c) Terminate thes services effective ont the date ofr notification pursuant tot thet terms ofthe 18. Force! Majeure: Should completion of any portion oft the Agreement be delayed for causes beyond the control of -ee uf CONSULTANT, including force majeure, the reasonable time for performance: shall be extendedf foraperiodatle leaste equalt tot the delaya andt the parties shall mutually agree on the terms and conditions upon which Agreementr may be continued. Force majeure includes buti is notr restrictedt to acts of God, acts or failures of governmental authorities, acts of CLIENT's contractors or agents, fire, floods, epidemics, pandemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually 19. Safety: CONSULTANT is not responsible for site safety or compliance with the Occupational Safety and Health Act of 1970 ("OSHA"). Job site safety remains the sole exclusive responsibility of CLIENT or CLIENT's contractors, except with respect to CONSULTANT'S own employees. Likewise, CONSULTANT shall have nor right to direct or stop the work of 20- Dispute- Resoltion/Arbitration: Any- claim OF other dispute arising out oforrelated-tet this Agreements shallf firstt be-subjeett tonon binding mediation f -accordanee-with- the then eurrent- Construction- Industry Mediation- Procedures- of the American Arbitration Association FAAA)-Fmediationis unsuccessful, such claim- oF other dispute- shall be subject te- arbitration- in- accordance- with the AAA's- then current Construction- industry-Arbitretion- Rules Anydemandforabiration: shall be fiedinwritingwiththes otherparty- and- with the- American Arbitration- Associatione CLIENT agrees to- the- inclusion in such arbitration (whether- by initial filing, by joinder- oF by- consolidation) of any other parties and ofe any other claims arising out of oF relating to the Preject-or-to- the-transaction or occurrenee giving rise-t te-the- claim of otherdispute betweent CLIENT-and CONSULFANT.- 21. Independent Contractor: Inc carrying out its obligations, CONSULTANT shall always be acting as ani independent contractor and not an employee, agent, partner, orj joint venture of CLIENT. CONSULTANT'S work does not include any supervision or direction of the work of other contractors, their employees or agents, and CONSULTANT'S presence shall in no way create  any! liability ont behalf of CONSULTANT for failure of other contractors, their employees, or agents top performt their work properly or correctly. 22. Hazardous Substances: CLIENT agrees to advise CONSULTANT upon execution of this Agreement of any hazardous substances ora any condition existingi in, onorr neart the Project Sitep presentingapotential. dangert to! human health, the environment or equipment. By virtue of entering into the Agreement or ofp providings services, CONSULTANT does nota assume control of, orr responsibility for, the Projects site or the personi inc charge oft the Project site or undertake responsibility for reporting to any federal, state, orl local public agencies, any conditions att thef Projects sitet thatr may presentapotential danger tot the public, health, safety, ore environment except where required of CONSULTANT by applicable law. Int the event CONSULTANT encounters hazardous or toxic substances or contamination significantly beyond that originally represented by CLIENT, CONSULTANT may suspend or terminate the Agreement. CLIENT acknowledges that CONSULTANT has no responsibility: asag generator, treater,storer, or disposer ofh hazardous ort toxic substances found or identified at a site. Exeept to- the-extent that- CONSULTANT-has-negigently-sased" such pohtoncr-omtemiston CHEHf-eprortoadetemaemdemhrendhaehmen CONSULTANT.from mydaimeriabirsanee.AAKONSENHPPspafomanedksenker under the Agreement and- madeorbsowpht-agenate CONSULTANTFforanY actualort ivemtemedemicmmentepelMtomoreomtminnatiomihefate: detincdinNC.65-228: #PhoicueNferibaehetnesbrdeinse in-N.EG.S.22B- abepoimtereanallyr 23. Choice of Law: The validity, interpretation, and performance of this Agreement shall beg governedbya and construedi in accordance witht thel law of the State of North Carolina, excluding onlyi its conflicts ofl laws principles. 24. Construction Services: If construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents by CONSULTANT shall not relieve any contractor from liability inr regard to itsd duty to complyy with the applicable plans, specifications, and: standards for the Project, and shall not give rise to a claim against CONSULTANT for contractor's failure to perform in accordance with the applicable plans, 25. Field Representative: If CONSULTANT provides field services or construction observation: services, thep presence oft the CONSULTANT'S field personnel will only be for the purpose of providing observation and field testing of specific aspects oft the Project. Shoulda a contractor be involvedin the Project, the CONSULTANT's responsibility does not include the supervision or direction of the actual work of any contractor, its employees, or agents. All contractors should be 5o advised. Contractors should also be informed that neither the presence of the CONSULTANTs field representative nor the observation and testing by the CONSULTANT shall excused contractori inanyy way for defectsi inc contractor's work.I Itis agreedt that the CONSULTANT will noth ber responsiblet forj jobo ors sites safety ont the Project andt that the CONSULTANT does not have ther rightt tos stop they work ofa any 26. Submittals: CONSULTANTS review of shop drawings and other submittals is to determine conformity with the design concept only. Review of shop drawings and submittals does not include means, methods, techniques, orp piocduresofcomtrucion. including! butr notl limited to, safety  character.  Agreement.  severe weather.  specifications or standards.  CLIENT's contractors, agents, ore employees.  contractor.  requirements.  WithersRavenel, Inc.  Standard Terms & Conditions Page2  Effective September 14, 2020    WithersRavenel Our People. Your Success.  Exhibit II  Fee & Expense Schedule  Description Enginecring B Plaming Construction Project Professional Construction Managerl Construction Managerll Senior Construction Manager CAD1 Technician! CADT Technicianl! Senior CAD Technician Designerl Designer II Senior Designer Landscape Architect! Landscape Architect! Landscape Architect II Seniorl Landscape Architect Landscape Designerl Landscape Designerl II Planning Technician Planner! Plannerl II Planner II Senior Planner Project Engineer I Project Engineer II Project Engineer II Senior Project Engineer Assistant Project Manager Project Manager Senior Project Manager Resident Project Representativel Resident Project Representative I Resident Project Representative II Staff Professionall Staff Professionall II Staff Professional II Staff Professional IV Senior Staff Professional Senior Technical Consultant Client Experience Manager Director Principal Zoning Specialist Project Coordinator! Project Coordinatorll Project Coordinator III Senior Project Coordinator Lead Project Coordinator CADI Designer Construction Observer Engineer Fee & Expense Schedule  Rate Description $145 GIS Senior Specialist $150 GIS Specialist $165 GIS Survey Technician! $185 GIS Survey Technician!l $105 GIS Survey Technician! III $115 GIS Survey! Lead $140 GIS Technician $130 GISA Analyst! $150 GIS Analystl II $170 GIS Project Manager $150 F&AM Assistant Project Manager $175 Intern! $190 Intern! II $210 F&AM Implementation: Specialist $130 F&AM Project Consultant! $140 FGAME Project Consultant! $110 F&AMI Project Consultant II $120 FGAME Project Consultant! IV $140 F&AM Senior Project Consultant! $165 F&AMS Senior Project Consultant II $175 F&AM Project Manager $165 F&AMI Principal $175 FGAMD Director $190 FGAMS Staff Professionall $210 F&AM Staff Professional II $175 F&AMS Staff Professional III $190 F&AM: Staff Professional IV $210 FSAMS Senior Project Manager $100 F&AM: Senior Technical Consultant $115 $130 Geomatics CADI $90 Geomatics CADI III $140 Geomatics Project Managerl $150 Geomatics Project Manager II $185 Geomatics Project Managerl I $195 Geomatics Project Professional! $245 Geomatics Project Professional IE $225 Geomatics Principal $230 Geomatics Remote Sensing Crewl $250 Geomatics Remote Sensing Crewl II $325 Geomatics Survey Crewl Geomatics Survey Crew II(2 Man) $95 Geomatics Survey Crew II (3) Man) $110 Geomatics Senior Manager $120 Geomatics! Survey Techl $130 Geomatics SurveyT TechlI $140 Geomatics Survey Techl Il Geomatics! Survey TechIV $80 Geomatics Sr. Technical Consultant $85] Geomatics SUE Crew 1 $137 Geomatics! SUE Crew 2  Rate Description $165 Environmental Technician! $145 Environmental Technicianl! $75 Environmental" TechnicianlI IIE $100] Senior Environmental" Technician $115 Environmental Project Geologist! $130 Environmental Project Geologist!! $95 Environmental Project Geologist HI $115 Environmental Senior Project Geologist $200 $130 Environmental Assistant Project Manager $160 $165 Environmental Project Manager $160 Environmental: Senior Project Manager $200 $65 Environmental Director $85 Environmental Project Engineerl $145 Environmental Project Engineer II $115] Environmental Project Engineer II $125 Environmental! Senior Project Engineer $200 $130 Environmental Principal $135 Environmental Project Scientist $145 Environmental Project Scientistll $150 Environmentai Project Scientist III $165 Senior Environmentall Projects Scientist $200 $250 Environmental: Scientistl $230 Environmental Scientistll $70 Environmental: Scientist! II $110 Environmental Geologisti $150 Environmental Geologist!l $185 Environmental Geologist ill $210 Environmental Professionall $240 Environmental Professional II Environmental Professionall Il $100 Environmental: Sr. Technical Consultant $225 $115 $130 Administrative Assistant $165 Administrative Assistantl $175 Administrative Assistant IE $185 Administrative Assistantl III $145 Marketing Administrationl $170 Marketing Administration! 1I $235 Director of Marketing $210 Office Administration $295 Office Administratorl $150 Office Administrator!l $190 Office Administrator II $225 $210 Expert Witness $60 $90 Bond Prints (Per Sheet) $115 Mylar Prints (Per Sheet) $125 Mileage $210] Delivery- Projects Specific (Distance & Priority) $190 Subcontractor Fees (Markup) $260 Expenses/ /F Reprod. /Permits (Markup) 1.15 Effective. January: 1, 2023 - Schedule iss subject to change.  Rate $80 $95 $100 $110 $145 $160 $180 $180 $230 $145 $160 $180 $250 $145 $160 $180 $105 $125 $135 $105 $125 $135 $105] $125 $135 $65 $80 $90 $100 $90 $115 $145 $70 $115 $120 $125 $400 $1.75 $11.00 PerIRS 1.15  Funding BAtsctManagement:  Environmental  Geomatics  Senior Resident Project Representative $140 Geomatics CADII  Adminstrative  Proisct Coordinators  Other Expenses  KNA    RESOLUTION DELEGATING REFUND AUTHORITY FOR  OVERPAYMENTS OF EXCISE TAX  WHEREAS, all grantors ofinterest in real property are required toj pay an excise tax to the register of deeds oft the county in which the real estate is located before recording the instrument of conveyance, WHEREAS, on occasion excise taxes are overpaid due to such actions as recording a deed in the wrong WHEREAS, North Carolina General Statute $ 105-228.37 grants a board of county commissioners the WHEREAS, North Carolina General Statute $ 105-228.37 was amended by Session Law 2022-50 adding anew subsection, subsection (a)(1) authorizing al board of commissioners to delegate, by resolution, to either or both the county manager or the county finance officer the discretion to grant a request for a WHEREAS, this Board has determined that iti is in the best interests of the citizens and residents ofI Lee NOW, THEREFORE, BE: IT RESOLVED by the Board of Commissioners ofl Lee County as follows: 1. That the Lee County Manager and Lee County Finance Director, or either of them, are. hereby authorized to grant requests for refund of overpayments of excise taxes paidi in accordance with the 2. The: request for refund ofoverpayment, if granted, willl be processed int the same manner as if granted by the Board of Commissioners and paid through the normal course of business for the finance  unless otherwise exempted;  county or mistakenly paying the tax when exempt;  authority to determine a refund request under the statutory guidelines;  refund for overpayments of excise tax paid in accordance with the statute; and  County to delegate this task.  provisions and guidelines ofNorth Carolina General Statute $ 105-228.37.  department.  3. That this resolution shall be effective upon its adoption. Dated this the 1B"aa day of September, 2023.  Kifk D. Smith, Chair Lee County Board of Commissioners E ECOT  Vpbn  ATTEST:. dimlins Hailey Hall, Clerk  el  AE  Lee County Board 8fCommissioners    Resolution of thel Lee County Board of Commissioners to Credit the Lee County Sheriff, Brian Estes for Vacation and Sick Leave Time  WHEREAS, benefited positions in the County ofLee are afforded vacation and sick leave WHEREAS, the Sheriff, Brian Estes was an exempt employee prior to being appointed as WHEREAS, after his election to the Office of Sheriff, the Sheriffresumed accrual of WHEREAS, the Lee County Board of Commissioners, now finds that it is in the best interest ofLee County citizens that Lee County Sheriff's vacation and sick leave time accrued  in accordance with the Lee County Government Personnel Policies F-1 and F-2; and the interim Sheriff and his accrual time ceased upon appointment as interim Sheriff; vacation and sick leave time in accordance with the Personnel Policies; and  during his tenue as interim Sheriff be credited tol him;  WHEREAS, the Sheriff, Brian Estes, and the Lee County Board of Commissioners have agreed to the set number of sick days and vacation days herein as a full and final settlement of any  claims for accrual time;  NOW, THEREFORE BEI ITI RESOLVED, by the Lee County Board of Commissioners 1. The Lee County Sheriff, Brian Estes, shall be credited for 104 sick hours and for 102 vacation hours representing the full amount oft time accrued by him during this tenure 2. The Lee County Human Resources Department shall ensure that the credited days are  that:  as interim Sheriff.  appropriated in his Human Resources file.  Adopted this the 18th day of September, 2023.  ATTEST:  Kmpi KifkD. Smith  stilw tenll Hailey) Hall, Clerk tgthe Board  Chair, Lee County Board of Commissioners, COUN  BE  C    CERTIFIED STATEMENT  FY2024 County ofLee  RURAL OPERATING ASSISTANCE PROGRAM  WHEREAS, the state-funded, formula-based Rural Operating Assistance Program (ROAP) administered by the North Carolina Department ofTransportation, Integrated Mobility Division provides funding for WHEREAS, the county uses the most recent transportation plans (i.e., CCP, CTIP, LCP) available and other public involvement strategies to learn about thet transportation: needs of agencies and individuals in WHEREAS, the county government or regional public transportation authorities created pursuant to Article 25 or Article 26 of Chapter 160A oft the General Statutes (upon written agreement with the municipalities or counties served) are the only eligible recipients of Rural Operating Assistance Program funds which are allocated to the counties based on a formula as described in the Program Guidelines included in thel ROAP State Management Plan. NCDOT will disburse the ROAP funds only to counties and eligible transportation authorities and not to any sub-recipients selected by the county; WHEREAS, the county finance officer will be considered the county official accountable for the administration oft the Rural Operating Assistance Program in the county, unless otherwise designated by WHEREAS, the passenger trips provided with ROAP funds must be accessible to individuals with disabilities and be provided without discrimination on the basis of national origin, creed, age, race, or gender (FTA C4702.1B, FTA C4704.1A, Americans with Disabilities Act 1990); and WHEREAS, the period of performance for these funds will be July 1, 2023 to June 30, 2024 regardless NOW, THEREFORE, by signing below, the duly authorized representatives of the County of Lee North Carolina certify that the following statements are true and accurate: The county employed a documented methodology for sub-allocating ROAP funds that involved the participation of eligible agencies and citizens. Outreach efforts to include the participation ofthe elderly and individuals with disabilities, persons with limited English proficiency, minorities and low- income persons int the coumty'ssuballcation decision have been documented. The county will advise any sub-recipients about the source ofthel ROAP funds, specific program requirements and restrictions, eligible program expenses and reporting requirements. The county will be responsible fori invoicing any sub-recipients for unexpended ROAP funds as needed. The county will monitor ROAP funded services routinely to verify that ROAP funds are being spent ona allowable activities and that the eligibility of service recipients is being properly documented. The county will maintain records oft trips for at least five years that prove that an eligible citizen was provided an eligible transportation service on the billed date, by whatever conveyance at the specified The county will bei responsible for monitoring the safety, quality, and cost of ROAP funded services and assures that any procurements by subrecipients for contracted services will follow state and The county will conduct regular evaluations of ROAP funded passenger trips provided throughout the  the operating cost of] passenger trips for counties within the state;  the county before determining the sub-allocation oft these ROAP funds;  the Board of County Commissioners;  oft the date on which ROAP funds are disbursed to the county.  cost.  federal guidelines. period of performance.  Revised 08-31-23    The county will only use the ROAP funds toj provide trips when other funding sources are not available for the same purpose ort the other funding sources for the same purpose have been The county will notify the Regional Grant Specialist assigned to the county ifany ROAP funded services are discontinued before the end ofthe period of performance due tot thel lack of funding. No The county will provide an accounting oft trips and expenditures in monthly: reports to NCDOT- Integrated Mobility Division or its designee. Back-up documentation is required to support the monthly reports, failure to provide documentation will affect future disbursements. The. June Any interest earned on the ROAP funds willl be expended for eligible program uses as specified int the ROAP application. The County will include ROAP funds received and expended ini its annual independent audit on the schedule of federal and state financial assistance. Funds passed through to The county is applying fort the following amount of FY2024 Rural Operating Assistance Program  completely exhausted.  additional ROAP funds will be available.  report will be considered the annual report.  other agencies will bei identified as such.  funds:  State-Funded: Rural Operating Assistance Program Elderly and) Disabled Transportation Assistance Program Employment Transportation Assistance Program (EMPL) Rural General Public Program (RGP)  Allocated $80,159 $19,438 $110,577 $210,174 20  Requested $80,159 $19,438 $110,577 $210,174  (EDTAP)  TOTAL  WITNESS my hand and county seal, this CANE  day of  Candac owan Signature ofCounty Finance Officer Candace Iceman Printed Name of County Finance Officer  Minter  Lisa G.  Printed Name of County Manager/dmimisinior State of] North Carolina County of  oe A  CARO  nll  Revised 08-31-23    Application for Transportation Operating Assistance FY2024 Rural Operating Assistance Program (ROAP) Funds  Name of Applicant (County) Lee  County Manager Lisa G. Minter County Manager's Email Address minterdlecoumynesov County Finance Officer Candace Iceman  CFO's Email Address asemamcleoumvns.sow CFO's Phone Number 919)718-4600 ext. 5512 Person Completing this Deborah P. Davidson  Application  Person's) JobTitle Director- -I Lee County Senior Services/County ofLee Transit System  Person's Email Address davidson@leecountync.yov Person's Phonel Number (919) 776-0501 ext. 2216 CommuntyTamperaton County ofLee' Transit System Name ofTransit Contact Person Tonya Surratt Transit Contact Person's Email Address bsuratteleoumynegor  System  Application Completed by:  Date:  Signature  Icertify that the content of this application is complete and accurately describes the county's administration ofthe ROAP Program, and the use of the ROAP funds in accordance with applicable state guidelines. I certify and understand that if the monthly and annual milestone reports and any other status reports required by the Integrated Mobility Division (IMD) are not submitted on or before the due dates, the next scheduled disbursement will be held until all Ifurther certify that ROAP funds will only be used for program purposes to provide trips and will not be used for Administrative or Operational expenses. Ifitis determined that ROAP  reports are submitted.  funds have been misused, repayment of funds must be made.  Transit Director:  Date:  Signature  County Manager: bons  Date: 91812> Date: 9/20/23  County Finance Officer:  Caunda  bune Signature  Revised August 31,2023    Application Instructions  County officials should read the ROAP Program Administration Guide which contains guidance on the administration oft the ROAP Program and information about the preparation of grant applications. The application must be completed by an official of the county or his/her designee. Click on the gray rectangle and type each answer. Ifr necessary, the text will automatically wrap to the Ifthe county wishes to explain their response to any questions or provide more information, the county may include. additional pages with this application form. All the pages oft the application and any pages Ifthere. are questions regarding this application, contact the NCDOT-IMD Regional Grant Specialist  next row. The answer: may wrap to the next page ifi necessary. added by the applicant should be scanned into the same file. assigned to the area served by the transit system.  FY2024 ROAP Program Schedule  Application Deadline Anticipated Funds Disbursement  October11,2023 Week of November 13, 2023  *Counties with unspent FY23 funds will retain the funds and the disbursement will be adjusted *Monthly reports are due via SmartSheet 45 days following reporting period (i.e., July reporting  accordingly.  period, report due September 15")  County's Management of ROAP Funds  County governments or regional public transportation authorities created pursuant to. Article 25 or Article 26 of Chapter 160A ofthe General Statutes (upon written agreement with municipalities or counties served) are the only eligible applicants for ROAP funds. As a recipient ofROAP funds, the county must implement ROAP funds are expended on needs identified through a public involvement and/or planning process. ROAP funds are expended only on eligible activities as described in Appendix A ofthe ROAP Guidance. Supporting documentation of expenditures by all sub-recipients is required. Service: recipients meet eligibility requirements, and their eligibility is documented. Trips funded with ROAP: funding are: monitored and evaluated throughout the period of performance. An accounting of trips and expenditures is provided on at monthly basis tol IMD with supporting documents. ROAP funds received and expended are: included in thel local annual audit. ROAP funds shall be disbursed in the traditional program allocations in each oft the ROAP programs in one disbursement however, ifit is determined that a single disbursement is not possible, IMD: reserves the right to change the method of distributing the funds. Counties have the flexibility to determine how the funding willl be used to meet the needs of the citizens and how to sub-allocate the funding to meet the transportation needs, but the guidelines for each program used must be followed and trips accounted for by program used.  administrative processes that will ensure the following:  Revised August 31, 2023    Transportation, Needs and) Public Involvement in Funding Decisions  Yes X  No  A. Did the county ask the Community Transportation Advisory Board (TAB), whichi is affiliated with the Community Transportation System, toi recommend how thel ROAP funds should be  sub-allocated?  Ifno, how were: recommendations. made and by whom? (Type here) How many individuals assisted in the determination? (List number here) 12  B. Were outreach efforts conducted to inform agencies about the availability of ROAP funds and to X discuss transportation needs BEFORE the county decided how to sub-allocate the ROAP funds? C.I Ist the method used to sub-allocate thel ROAP funds fair and equitable? Open and transparent? D. Does the county pass through any ROAP funds to agencies or organizations that are: not county E. Ifyes, does the county have a written agreement with these agencies that addresses the proper use, return and accountability oft these funds? (Include a sample agreement with application) F. Do any of the organizations or departments receiving ROAP funds plan to use private transit contractors to provide thel ROAP: funded trips? (Their procurement, practices will need to meet all federal and state requirements, for procurement ofprofessional. services.) G. Are ROAP funds deposited in an interest-bearing account? sub-recipients in addition to the state ROAP funds?  X Yes  Financial Management: of ROAPFunds  No X  governmental departments or agencies?  X  X  H. Does the county provide local funds for transportation operating assistance to any of thel ROAP X LSubrecipients of ROAP funds are: required toj provide sufficiently detailed progress reports and statistical data about trips provided. and rider eligibility with ROAP funds. How frequently are these provided to the county? In what format? The County must be prepared toj provide documentation that an eligible citizen was provided an eligible service or trip on thel billed date, by What form of documentation is collected?! Monthly spreadsheets are completed and reviewed. These include: number of trips per funding source, expenses and balance of funds remaining. J. Does the county require thes subrecipients ofl ROAP funds to use the coordinated transportation services of the federally funded Community Transportation System operating in the county?  Monitoring and Oversight Responsibilities:  Yes  No  whatever conveyance, at a specific cost.  X  X  K. Will any of the subrecipients use their ROAP: sub-allocation as matching funds for any of the following programs? (Matchingfunds  for operating assistance or purchase of service only.)  5310- - Elderly Individuals and Individuals with Disabilities Program n/a 5311 - Non-urbanized. Areal Formula Program n/a 5316- - Job. Access and] Reverse Commute Program (JARC) n/a 5317-New] Freedom Program n/a  L. Will any of the subrecipients charge a fare for al ROAP funded trip? Ifyes, which programs. Yes, RGP only.  Revised August 31,2023    M. Describe the eligibility criteria tol be used in this county to determine who willl bep provided ROAP-fundedi trips. What documents are used to determine eligibility? Eligibility for Elderly and) Disabled services arel based on the age and declared disability oft thej person requesting service. Anl ID: and Social Security Declaration of Disability forms may be usedt to verify eligibility. RGPi is any citizen making ar request. Individuals that are eligible for EMPL: fundedi rides include those individuals approved by DSS, Work First, Lee County Industries, The Stevens Center, Central Carolina Community College, Work First] Development, Senior Aide Program and Vocational Rehabilitation. All applicants are pre-determined by the agencies mentioned above andi monitored by COLTS: for fund compliance and eligibility.  Revised August 31,2023    LEE COUNTY BOARD OF COMMISSIONERS DENNIS WICKER CIVIC CENTER 1801 NASH STREET SANFORD, NC2 27330 Monday, September 18, 2023 6:00PM AGENDA  The resolution document from item II.P Resolution Delegating Limited. Authority tot the Assistant County Managers to Award and Execute Contracts onE Behalf of Lee County was noti includedi in the initial recording of the minutes from the Board of Commissioners meeting on September 18, 2023. This cover sheet reflects the addition of the document soi itr may be recorded by the Lee  County Register of Deeds.    RESOLUTION DELEGATINGI INITEPATTIORIYTOTNE, ASISTANTCOUNTY MANAGERSTO AWARD. ANDI EXECUTE CONTRACTS ONI BEHALFOFLEE COUNTY WHEREAS, the County ofLee has been granted certain corporate powers, including, but not limitedt WHEREAS, the County ofl Lee, through its adopted budget ordinance, grants tot the County Manager, the authority to execute agreements and contracts for grants top public andi non-profit organizations; normal andr routinel business equipment where the annual rental ofe eachi isi not more than $30,000.00; leases of consultant, professional, or1 maintenance services agreements wheret the annual compensation: is noti than $30,000.00; purchase agreements for apparatus, supplies, materials, or equipment where the more purchase prices does not exceed $30,000.00; and construction or repair work where the amount does WHEREAS, the County Manager appoints two Assistant County Managers whose rolei ist toa advise departments undert the control and authority oft the County Manager and tos serve as back-up to the WHEREAS, the County) Manager desires to delegate its authority to execute agreements below $30,000.001 tot thet two Assistant County Managers when the County Manager is unablet to execute an agreement, and upon the consultation and consent oft the County Manager. NOW, THEREFORE, BEI ITI RESOLVED that the County Manager has the express authority to execute contracts and agreements below $30,000.00 on behalfo of the County andi isl hereby authorized to the specific authority to enter contracts and agreements where the amount does not exceed $30,000.00to delegate the two Assistant County Managers whent the County Manageri is unable to execute an aftert the Assistant County Manager has consulted with and received consent from the County) agreement Manager. The Assistant County Managers may enter and sign contracts and agreements on! behalf oft the wheret the amount does not exceed $30,000.00 anda after consultation with the County  thej power to contract, to acquire real property, andt to grant easements; and  to,  exceed! $30,000.00; and Manager; and  not County  and County and Manager with  the consent oft the County) Manager. Adopted this the 18th day of September, 2023.  irk D. Smith Chair, Board of Commissioners  Attest:  COUNT)   NORTHCAROLINA,I LEECOUNTY Presentedf forr registrationo ont this 4" day OJAN 9.45:30AMEU recorded in! Book_3o Page574 Pamela G.E Bilt, Register of! Deeds  Clerk tot thel Board of Commissioners Emnte    Resolution oft the Lee County Board of Commissioners to add Lee County Senior Services to the Lee County Consolidated Human Services Agency  WHEREAS, in 2012, the North Carolina General Assembly adopted House Bill 438, amending North Carolina General Statutes 153A-77 and 153A-76, which granted counties the ability to create a WHEREAS, the Lee County Board of Commissioners adopted a Resolution on March 20, 2023 consolidating the Lee County Health Department and the Lee County Department of Social Services into ac Consolidated Human Services. Agency governed by a Consolidated Human Services Board and overseen WHEREAS, thel Resolution adopted on) March 20, 2023 authorized the effective beginning date fort thel Lee WHEREAS, the Lee County Board of Commissioners, now: finds that iti is in the best interest ofLee County citizens that Lee County Senior Services be added to the Lee County Consolidated: Human Services Agency to enhance services but allow it to continue to be governed by its Advisory Board and NOW,THEREFORE BEI ITI RESOLVED, by the Lee County Board of Commissioners that: 1. Lee County Senior Services shall be added to the Consolidated Human Services Agency 2. The advisory body for Lee County Senior Services shall continue to be the Lee County Senior 3. The advisory body for County ofLee Transportation System shall continue to be the Lee 4. The Consolidated Human Services Board shall have at least one member from the Lee County Senior Services Advisory Board. The Chair, or a designee, oft the Lee County Senior Services Advisory Board shall submit an application to the Clerk to thel Board ofCommissioners to be 5. All employees ofl Lee County Senior Services shall continue to operate under the personnel policies ofLee County, subject to the nine principles ofthel Federal Merit System, and work at the discretion of and under the supervision of the County Manager in accordance with North 6. The Lee County Senior Services Director shall maintain all duties ofa Lee County Department Head and is supervised by the Consolidated Human Services Director.  Consolidated Human Services Agency; and  by the Consolidated Human Services Director; and  County Consolidated Human Services Agency on. July 12, 2023; and  COLTS Transportation Advisory Board;  effective January 1, 2024. Services Advisory Board.  County Transportation Advisory Board.  appointed to the Consolidated Human Services Advisory Board.  Carolina General Statute 153A-77(e).  of September, 2023.  ATTEST: A  D.  Hall, Clerkt tot Boar iptal  Chair, Lee County Board ofCommissiphersy  FbL    CAROT    Phone: Fax:  Shawi NTGAEDSOIUICNS Shaw Industries, Inc.  8:  Mail Drop 999 P.O.Box 748552 Atlanta, GA3 30384-8552 Proposal Submitted To Lee County General Services Street PO Box 1968 City, State and Zip Sanford, NC: 27331 Item Description Surround Tile 24"x24"5 5T125 Saturate EcoWorx Tile 9"x3 36" 5T109 LokWorx+ Carpet Tile Adhesive 4 Gallon Wall Base Adhesive Tube 4"Rubber Coving with Toe Carpet Tile Installation Cove Base Installation Carpet Removal Carpet Disposal  Attention Ronnie Lee  Phone (919) 499-3399 Job Name Summit Building Job Street 408 Summitt Dr Sanford, NC: 27330--384  Fax ()  Date 08/21/23 Job# 168653 Proposal ID 190522 None  Architect Date of Plans Add # Job City, State and Zip  Customer Job# Customer PO Unit Price Extended Price $21.36 $31.20 $110.07 $81.67 $2.43 $7.98 $1.33 $9.90 $1.33 $60.50 $38.50 $60.50 $60.50 $3.91 $7.98 $10.23 $4,526.35 $1,748.56  State OfNC  None  We hereby submit specifications and estimates for:  Color TBS/To Be Selected TBS/To Be Selected  Qty UOM 1,087.99 SY 45.00 SY 4.00 4Gal 5.00 Each 2,760.00 LF 1,129.02 2,760.00 LF 1,129.02 SY 1,129.02 SY 100.00 Hour 10.00 Each 10.00 Each 10.00 Hour 24.00 LF 43.00 SY 1,129.00 SF 1.00 Each 1.00 Each  $23,239,47 $1,404.00 $440.28 $408.35 $6,706.80 $9,009.58 $3,670.80 $11,177.30 $1,501.60 $6,050.00 $385.00 $605.00 $605.00 $93.84 $343.14 $11,549.67 $4,526.35 $1,748.56  SY  Furniture Removal and Replacement Floor Patch (Portland Base) Material and Labor Major Floor Preparation - Material Only Major Floor Preparation- - Labor Only Transition Strips and Labor Open Market- Herringbone Patterni inl Lobby Open Market-: Scarify/Removal Old Adhesive Project Management Fee (initiating, planning, executing, controlling, and closing the project) Including, but not! limited tot take of/measuring, trip fees, receiving and overall management. Reimbursement oft taxes imposed on the contractor. The contract price does noti include any contingency for sucht tax. Proposal Inclusions and Exclusions: 1. North Carolina Contract # 360-A 2. Local Contact: Mari Howard  Base Bid' Total: $83,464.74  3. Pricei includes work as specifically statedi int the above description fort the quantities stated. Any circumstances that require additional 4. Pricei ist basedic on a consecutive installation period without delays andi is based ont the customer: allowing installation crews access to work a minimum of8 consecutive hours a day until completion. Delays other than' "acts of God" will result in charges for down-time. 6. Extensive floor prep is noti included int the price but may be necessary due to unforeseen conditions oft the sub-floor. This work may include, buti isr notl limited to, leveling or grinding, encapsulation or sealing, ore extensive: scraping oft the sub-floor. Should extensive  labor will be! handled throught the change order process.  5.F Proposal does noti include removal of anyr materials containing asbestos. foor prep ber required, you will receive a change order for the necessary' work.  Page 1of2    Phone: Fax:  Shawi IRIEGPAEDSOLUIONS Shaw Industries, Inc.  8:  Mail Drop 999 P.O. Box 748552 Atlanta, GA3 30384-8552 Proposal ID: 190522 Proposal Inclusions and Exclusions:  7. Exclusions: attic stock, major floor prep, furniture moving/ift unless specifiedi inj proposal, disconnecting and moving of computers and electronic equipment, vacuuming and protection off finished products, any plumbing work (removal of commodes, etc), electrical work, mill work, moisture mitigation, packing and moving of personal items and orp packing boxes. 8. Allp pricingi is based onv work being completed duringr normal working! hours. 9. Material title and risk ofl loss passes to the purchaser att thet time ofr material delivery to owner provided address 10. Please emaily your Purchase Order tot the Shaw Industries, Inc. contact Rosio H. Yates at cchemamner@enawncon toi initiate the order process. Apurchase orderi is required before materials can! bes shipped. 11. A2.5% fee will be assessed ont the total bid amount att time of paymenti ifutilizing a credit card.  12. ******Ourr remit-to address has changed.* ****** SHAW INTEGRATED SOLUTIONS POE Box 748552 Atlanta, GA3 30384-8552  We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of:  Signature: Rosio Hevaadey Vates Conditions of Proposal: freighta andi fueld costs.  Rosio Hernandez Yates Email: chmanad.MmEcON  $83,464.74  1.7 This Proposal may! bev withdrawn, ifnat accepted, within: 300 days ofit itsi issuance. Shaw Industries Group, Inc. will consider reasonable requests to engagei in negoliations forr revisions tothis Proposal, including signing as subcontractt thati includes the terms oft this Proposal. A! proposal nota acceptedy within: 30 days willl be subjectt to price escalation of materials, labor, 2. This proposal is subjectt to credit review anda approval. Payment terms are net 30 days. Aconvenience fee of2.5% will be addedifp paying via credit card. Past duei invoices are subjectt to service charges of 1.5% perr month (18% per annum). In the case of any default, Customer shall pay Shaw Industries Group. Inc.'s reasonable attorneyf fees and costs, 3.A Allv works shall bep performedi ina ay workmanlike manner according toi industry standards. Areas tor receivet flooring shall! bef free and cleard of debris. Any changest tot thev work shalll be 4. Priort to commencement of Shaw Industries Group, Inc.'sv work: (a) Customer shall testa allo concrete subf floors receivingf flooring for vapor emission levels and alkalinity per manufacturers recommendations utilizing ASTMF F2170 andp providev written results to Shaw Industries Group, Inc.. including alisto ofa any sealers applied tot thec concrete subf floor; (b) IfCustomer does not provide suchr reports atl least 100 days priort toc commencement ofs Shaw Industries Group, Inc.'s work, then Customer shall provide Shaw Industries Group. Inc. with access to all concrete subf floors fora appropriate testing and Customer sha!l ber responsible fort thec costs ofs such testing; and (C)A Any concretes subi floors notr meeting 5.A Allv worki is contingent upon strikes, accidents or delays beyond Shawl Industries Group, Inc's control. Customer shallo carry insurance for all hazards, including fire. Shaw Industries Customer represents andy warrants that: (a)t thep project site contains not hazardous or other dangerous substances, eithere exposed or concealed; or (b) Customer has given written notice to Shaw Industries Group,! Inc. ofalls such substances andt theirl location(s). Tot thef fullest extent permitted! byl law, Customer shall indemnify, defend and hold Shaw Industries Group, Inc. harmless from any damage, claim, loss, expense and attorney fees relatedt to Shaw Industries Group,1 Inc.'sl liability, ifany, including anyf federal or state statuter relatedto 7. Shaw Industries Group, Inc. isf fullyl licensed, bonded, andi insured. This proposal does noti include participation in any OCIPICCIP orr related programs. Requests for Shaw Industries  includingt those ona any appeal, eveni ifnos suit ora actioni isf filed. performed only after execution ofaw written change order.  manufacturers' requirements fori installation will: require correction or thee execution ofas separatey waiver agreement. Group, Inc.'s workers aref fully covered by Worker's Compensation: andl Liability! Insurance.  hazardous or other dangerous substances.  Group. Inc. top participatei ins such, programs may resulti in additional costs.  ACCEPTANCE OF PROPOSAL: The above prices, specifications. Youa are authorized: to do the work as specified. Customer: Lee County/Senmisenise  and are herebyACCEPTED. Date:  4-21-23  Signed:! Pag/2ot2  Charman mk JeL CAwnh Board) of CoMMIESwnS  Mh    COUN  RESOLUTION AUTHORIZING THE SALE OF PROPERTY  LOCATED AT 0 CONE STREET  WHEREAS, the County ofLee owns certain vacant property located at 0 Cone Street, PIN number 9653-40-6454-00, Lee County, North Carolina, as shown on a deed recorded in Deed Book 434, Page 75, in the office oft the Register ofDeeds for Lee County, to which the record thereofreference is hereby made for more complete description; and, WHEREAS, the taxable value oft the property is $10,700.00; 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 $S 153A-176 and 160A-269 permit the County to sell property by upset bid, after receipt of an offer toj purchase the property; and, WHEREAS, the County ofLee proposes to dispose oft the above described property as it WHEREAS, the County received an offer submitted by Thomas Bridges ("Offeror") to purchase the property described above in the amount of $4,500.00, plus any advertising costs, a  Sheriff's/foreclosure sale; and, is$ $4,332.33;a and,  iss surplus to the County' s needs; and,  copy ofwhich is attached hereto; and,  WHEREAS, Offeror has paid to the County Clerk the required 5 percent (5%) deposit on WHEREAS, the Lee County Board of Commissioners accepted the initial offer on WHEREAS, on August 26, 2023 the initial offer was advertised in The Sanford Herald, WHEREAS, no further upset bids were: received during the 10-day upset bid period and  its offer and $200.00 to defray advertising and administrative services; and, August 21,2023 and authorized staff to advertise the initial offer; and,  starting the 10-day upset sealed bid period; and,  the original offer from Thomas Bridges is the final and highest bid received.    WHEREAS, the Lee County Board of Commissioners authorized stafft to advertise the NOW, THEREFORE, BEITRESOLVED by the Lee County Board of Commissioners 1. The Lee County Board of Commissioners hereby accepts the offer of $4,500.00 from  initial offer in any higher, upsetting offer, subject to the upset bidj procedure.  as follows:  Thomas Bridges.  2. The terms ofthe final sale are as follows:  a. b. C. d. e.  The Buyer must pay with cash, cashier's check or certified check at the The property is sold "as is" with no conditions placed on the bid. Title to the subject property shall be transferred to the buyer by a Non- The County Attorney does not perform title searches on the property and the Offeror can retain their own attorney to perform such title search.  time of closing. warranty deed.  Advertising fees are non-refundable once spent.  3. The County Manager, the Chair oft the Board of Commissioners and all other appropriate County officials are authorized to execute the necessary instruments to  effectuate the conveyance. Dated this the B'aye of September, 2023.  Smith,   AmDo  Kirk/D.  Lee County Board of Commissioners  ATTEST:  ml "all Hailey Hall, Clerk Lee County Board of Commissioners  E COUNT  AE  AR    REAL ESTATE OFFER  August 26 2023  Date:  I,. Thongs property located at:  Brldges  hereby submit an offer to purchase real  ADDRESS: Lone 4+ PIN#: 69-40-6454-00 OFFER. AMOUNT: $ $4,500 Please read the following before signing below:  All offers require an upfront payment ofal bid deposit ini the amount of 5% oft the offer amount and payment of advertising costs with payment to be made in cash, cashier'sor Advertising costs are non-refundable. $200 is only an estimate oft the cost to advertise and any costs in excess of $200 will be deducted from the purchase price or retum ofbid Purchase of property is contingent on the approval ofthe Lee County Board of Commissioners and/or the Sanford City Council and any other entity joining in  certified check deposit.  ownership oft the above property All offers are subject tot the upset bid process Property is sold "as is" with no conditions placed on the bid  Title to the property shall be transferred to the buyer by a non-warranty deed. County Attomey does not provide a title search and buyer is strongly encouraged to retain a The County reserves the right to withdraw the property from sale at any time before the final high bid is accepted and has the right to reject all bids at any time Final payment oft the remaining balance will be due at closing Closing must take place within thirty days of approval by the Board of Commissioners or the subject remains the property of the County.  private attorney for the closing  Thgra BNK 919-604-7929 Feesebadges 17@9MACAM  (Signature)    348668  DATE. 8-3-33 RECEIVED FROM Thoas Bridses ADDRESS in Conest  RECEIPT Susplus Prpity  DOLLARS $425,00  FOR Twzhhwr-t6 Los  ACCOUNT BEGINNING BALANCE AMOUNT PAID ys 6o CHECK BALANCE DUE  HOWI PAID CASH MONEY ORDER  lCautbnace CBiagy  OREDIFORMO $1654NCR    INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  PUBLIC TRANSPORTATION PROGRAM RESOLUTION  FY2025 RESOLUTION combination thereof.  Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or  Applicant seeking permission to apply for Public Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary A motion was made by Commissioner Taylor Vorbeck and seconded by N/A, for the adoption of  assurances and the required local match.  the following resolution, and upon being put to a vote was duly adopted.  WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural, small urban, and urban public transportation services consistent with the policy requirements of each funding source for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs WHEREAS, the funds applied for may be Administrative, Operating, Planning, or Capital funds and will have different percentages of federal, state, and local funds. WHEREAS, non-Community Transportation applicants may apply for funding for Purchase-olservice" projects under the Capital Purchase of Service budget, Section WHEREAS, County of Lee hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project(s), prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related tot the applications made to and grants received from the Federal Transit Administration,  public transportation funds; and  transportation projects; and  analysis); and  5310 program.  as well as the provisions of Section 1001 of Title 18, U.S.C.  FY 2025 PROGRAM RESOLUTION Last Updated: 04/03/2023  Page 1of2    INTEGRATED MOBILITY DIVISION  UNFED GRANT APPLICATION  WHEREAS, the applicant has or will provide all annual certifications and assurances to NOW, THEREFORE, be it resolved that the Chair of the Lee County Board of Commissioners of County of Lee is hereby authorized to submit grant application (s)f for federal and state funding in response to NCDOT's calls for projects, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural, small urban, and urban public transportation services. Hailey Hall, Clerk to the Board, do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the Lee County Board of Commissioners duly held on  the State of North Carolina required for the project;  the 15 day of May, 2023. siln NnlL Signature of Certifying Official separate individuals.  *Note that the authorized official, certifying official, and notary, public should be three  Seal Subscribed and. sworn to me  9/14/2023  Affix Notary Seal Here JENNIFER GAMBLE NOTARYPUBLIC Lee County North Carolina  dhl  426 Hdly BoRood Sanlod, NC 27330  3  D4 Jennnergamblg Printed Name and. Address  My Commission Expires  January 16, 2028  My commission expires 1/6l2038  (date)  FY 2025 PROGRAM RESOLUTION Last Updated: 04/03/2023  Page 2 of2    INTEGRATED MOBILITY DIVISION  UNIFED GRANT APPLICATION  PUBLIC HEARING RECORD  Important - A public hearing MUST be conducted whether or not requested by the Public. Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination  thereof.  APPLICANT: County of Lee  DATE: PLACE: TIME:  September 18, 2023 Dennis A. Wicker Civic Center  6:00 p.m.  How many BOARD MEMBERS attended the public hearing? How many members of the PUBLIC attended the public hearing? 3D  h  Public Attendance Surveys  (Attached)  (Offered at Public Hearing but none completed)  l,the undersigned, representing (Legal Name of Applicant) County of Lee do hereby certify to the North Carolina Department of Transportation, that a Public Hearing was held as indicated  above and  During the Public Hearing  ANOP public comments)  (Public Comments were made and meeting minutes will be submitted after board approval)  The estimated date for board approval of meeting minutes is: ID/2/2023  Affix Seal Here 3B 87. COUN  ASBE  @Jerk tot the Board    Hailey Hall Printed Name and Title 9/19/2023 Date  FY: 2025 PUBLIC HEARING RECORD Last Updated: 04/03/2023    INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  VOLUNTARY TITLE VI PUBLIC INVOLVEMENT  Title VI of the Civil Rights Act of 1964 requires the North Carolina Department of Transportation (NC DOT) to gather statistical data regarding participants and beneficiaries of the agency's federal-aid programs and activities. NC DOT collects information on race, color, national origin and gender of the attendees to this public meeting to ensure the inclusion of all segments of the population impacted by a proposed NCDOT wishes to clarify that this information gathering process is completely voluntary and that you are not required to disclose the statistical data requested to participate in this meeting. This form is a public document used to collect data, only. The completed forms will be held on file at the North Carolina Department of Transportation. For Further information regarding this process please contact the NCDOT Title VI Program at telephone number 919.508.1808 or email at  project.  Itlevi@ncdot.gov.  Project Name: County of Lee Name (please print)  Date: 9/18/2023  Meeting Location: Dennis A. Wicker Civic Center  Gender: Male  Female  General ethnic identification categories (check one)  Caucasian African American Color:  Hispanic American Asian/Pacific Islander Other:  American Indian/Alaskan Native  National Origin:  After completing this form, please fold and place it inside the designated box on the  registration table. Thank you for your cooperation.  FY: 2025 VOLUNTARY TITLE VI PUBLIC INVOLVEMENT  Last Updated: 04/03/2023    INTEGRATED MOBILITY DIVISION  UNFED GRANT APPLICATION  FY 2025 LOCAL SHARE CERTIFICATION FOR FUNDING  County of Lee (Legal Name of Applicant)  Requested Funding Amounts Project 5311 Administrative 5311 Operating (No State Match) 5310 Operating (No State Match) Combined Capital Mobility Management 5310 Capital Purchase of Service ConCPT Capital Cost of Contracting Traveler's Aid  Total Amount $ 250,742 $ $ $522,692 $. 53,825 $ $ $ $ $ $ $  Local Share** $ 37,612 (15%) $ (50%) $. (50%) $52,270 (10%) $ 5,383 (10%) $ (10%) $ (50%) $ %) $ (50%) $. (%) $. (%) $ (_%)  Funding programs covered are 5311, 5310, 5339 Bus and Bus Facilities, 5307 (Small fixed  route, regional, and consolidated urban-rural systems)  TOTAL  $827,259 Total Funding Requests  $95,265 Total Local Share  **NOTE: Applicants should be prepared for the entire Local Share amount in the event  State funding is not available.  The Local Share is available from the following sources:  Source of Funds Lee County  Apply to Grant Administrative 5311 Combined Capital Mobility Management  Amount $37,612 $52,270 $5,383 $. $ $  FY 2025 LOCAL SHARE CERTIFICATION FOR FUNDING  Page 1 of2  Last Updated: 04/03/2023    INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  $ $ $95,265  TOTAL  ** Fare box revenue is not an applicable source for local share funding  I,the undersigned representing County of Lee do hereby certify to the North Carolina Department of Transportation, that the required local funds for the FY2025 Community Transportation Program and 5307 Governors Apportionment will be available as of, July1 1, 2024, which has aj period of performance of July 1, 2024 - June 30, 2025.  Bignature of Authorzed Official ZMDI  Kirk D. Smith - Chair Lee County Board of Commissioners Type Name and Title ofA Authorized Official 19 SeprBeLdes3  Date  This instrument has been preaudited in the manner required by the Local Govemment Budget and Fiscal ContractAct. Caudau nr Finance Officer,Lee County  FY 2025 LOCAL SHARE CERTIFICATION FOR FUNDING  Page 2of2  Last Updated: 04/03/2023    Lee County, NC Preliminary Costs Land Purchase Architect  Multi-Sports Project Budget as of 8/31/2023 (4:30pm)  2,107,303 Spent 2,249,488 Spent To Date  Per Agreement-1,699388 Spent-WSP Traffic/Lighting/ Transportation Survey and  Other Soft Costs (WSP/DOT) Subtotal Preliminary Costs Construction Bids Base Bid Alternate (1) Alternate (2) Total Bid Contingency/Owners) Subtotal Construction: Other Costs Lighting System Playground Equipment DOT Access (Main Highway) Turn Lane Camera System Other FF&E Testing Subtotal Otherc Costs Total Project Costs Cost of Issuance Underwriter's Discount Total Funding Requirement  119,535 DOTI Fees 4,476,326 26,817,160 Bid 3,628,537 Bid 116,796 Bid 30,562,493 1,653,414 5.40995% 32,215,907  2,000,000 Estimate 1,000,000 Noti in Bid-Max Budget 600,000 Estimate 25,000 200,000 739,000 4,564,000 41,256,233 565,000 Estimate 178,767 Estimate 42,000,000  Reimbrusement Resolution in  Spent to Date  3,926,226 place    The Board of Commissioners for the County of Lee, North Carolina met in a regular meeting in the Dennis Wicker Civic Center located at 1801 Nash Street in Sanford, North  Carolina, the regular place ofmeeting, at 6:00 p.m. on September 18, 2023.  Present: Chair Kirk D. Smith, presiding, and Commissioners Andre Knecht, Mark  Lovick, Taylor Vorbeck, Robert Reives and Cameron Sharpe  Absent: Commissioner Bill Carver  Also Present: County Manager Lisa Minter, Finance Director Candace Iceman and Clerk  to the Boaru/Communications Specialist Hailey Hall  The Chair announced that this was the hour and day of the public hearing on a trust agreement or similar installment financing arrangement (the Agreement") to be entered into by the County of Lee, No:th Carolina (the "County") pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended, providing for the issuance of limited obligation bonds (the "Bonds") in an aggregate principal amount not to exceed $17,000,000 for the purpose of providing funds, together with other available funds, to (a) pay the costs of acquiring, constructing and equipping a new multi-sport complex (the "Project") and (b) pay certain financing costs relating thereto. If the County enters into the proposed Agreement, it will secure its obligations thereunder by executing and delivering a deed of trust granting a lien on all ora portion of the site of the Project, together with all improvements or fixtures located or to be  located thereon, subject to certain permitted encumbrances. hold aj public hearing prior to entering into the. Agreement.  Section 160A-20(g) of the General Statutes of North Carolina requires that the County The Chair acknowledged due publication of the notice of public hearing in a newspaper with a general circulation in said County and directed the Clerk to the Board of Commissioners for the County to attach the affidavit showing publication in said newspaper on a date at least ten  (10) days prior to the date hereof as Exhibit A.  The Chair then announced that the Board of Commissioners would immediately hear anyone who might wish to bel heard on the proposed Agreement and Bonds as described above. A list ofa all persons making comments and a summary of such comments are attached as  Exhibit B.    Thej public hearing was closed.  All statements and comments by participants of the public hearing were duly considered Thereupon, Chairman Kirk Smith introduced the following resolution the title of which  by the Board of Commissioners.  was read and a copy of which had been previously distributed to each Commissioner:  RESOLUTION  MAKING  CERTAIN  FINDINGS  AND  DETERMINATIONS REGARDING THE PROPOSED FINANCING OF A NEW MULTI-SPORT COMPLEX AND REQUESTING THE LOCAL GOVERNMENT COMMISSION TO APPROVE THE FINANCING BE IT RESOLVED by the Board of Commissioners (the "Board") for the County ofLee,  ARKANGEMENT  North Carolina (the "County") as follows:  Section 1. The Board does hereby find and determine as follows:  (a) The County has determined to pay the costs of acquiring, constructing and equipping (b). After a public hearing and due consideration, the County has determined to enter into a Master Trust Agreement and a First Supplemental Trust Agreement (collectively, the "Trust Agreement") between the County and U.S. Bank Trust Company, National Association, as trustee (the "Trustee"), pursuant to which the County will issue limited obligation bonds thereunder in an aggregate principal amount not to exceed $17,000,000 (the "Bonds") to provide funds, together with other available funds, to (i) pay the costs of the Project and (i1) pay the fees  ai new: multi-sport complex (the "Project").  and expenses incurred in connection with the sale and issuance oft the Bonds.  (c) In order to secure its obligations under the Trust Agreement, the County will execute and deliver a Deed of Trust (the "Deed ofTrust") for the benefit oft the Trustee granting a lien on all or a pertion of the site of the Project, together with all improvements or fixtures located or to  be located thereon, subject to certain permitted encumbrances.  (d) It is in the best interest of the County to enter into the Trust Agreement and to issue the Bonds pursuant thereto in that such plan of finance will result in the financing oft the Project  in an efficient and cost effective: manner for the County.  (e) Entering into the Trust Agreement and issuing the Bonds pursuant thereto is preferable to a general obligation bond and revenue bond issue in that (i) the County does not have sufficient constitutional authority to issue non-voted general obligation bonds pursuant to Article V, Section 4 of the North Carolina Constitution because the County has not retired a sufficient amount of general obligation debt in the preceding fiscal year to issue a sufficient amount of general obligation bonds for the financing of the Project; (ii) the nature of the financing does not allow for the issuance of revenue bonds to finance the Project; (ii) the costs of financing the Project exceeds the amount to be prudently provided from currently available appropriations and unappropriated fund balances; (iv) the circumstances existing require that  2    funds be available to finance the Project as soon as practicable and the time required for holding an election for the issuance of voted general obligation bonds pursuant to Article V, Section 4 of the North Carolina Constitution and the Local Government Bond Act will delay the commencement of the Project by several months; and (v) there can be no assurances that the issuance of general obligation bonds to finance the Project would be approved by the voters and the current interest rate environment dictates the financing of the Project be accomplished in a  timely and expedient manner.  (f) Based upon information provided to the Board, the costs of the financing described above is reasonably comparable to the costs associated with other alternative means of financing  and is acceptable to the Board.  (g) Counsel to the County will render an opinion to the effect that the proposed undertaking as described above is authorized by law and is aj purpose for which public funds may be expended pursuant to the Constitution and laws ofthe State ofNorth Carolina..  (h) The debt management policies of the County have been carried out in strict complianc. with law, and the County is not in default under any obligation for repayment of  borrowed money.  (1) No ad valorem tax rate increase is currently expected to be necessary to pay principal Section 2. The Board hereby authorizes, ratifies and approves the filing of an application with the Local Government Commission for approval oft the Bonds and the Trust Agreement and requests the Local Government Commission to approve the Bonds and the Trust Agreement and  ofand interest on the Bonds.  the proposed financing in connection therewith. connection with the proposed financing:  Section 3. The following financing team members are hereby approved by the County in  Bcnd Counsel: Urderwriter: Underwriter's Counsel: Trustee: Financial Advisor:  Womble Bond Dickinson (US) LLP Wells Fargo Bank, National Association  Pope Flynn, LLC  U.S. Bank' Trust Company, National Association  Davenport & Company LLC  Section 4. This resolution shall take effect immediately upon its adoption.  Upon motion of Commissioner Taylor Vorbeck, the foregoing resolution was adopted by  the following vote: Ayes: 6  3    Noes: 0  Thereupon, Chairman Kirk Smith introduced the following resolution the title of which RESOLUTION APPROVING AND AUTHORIZING THE SALE AND ISSUANCE OFLIMITED OBLIGATION BONDS AND' THE EXECUTION AND DELIVERY OF A MASTER TRUST AGREEMENT, A FIRST SUPPLEMENTAL TRUST AGREEMENT, A DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION WITH THE FINANCING BEITI RESOLVED by the Board of Commissioners (the "Board") for the County ofLee,  was read and a copy ofwhich had been previously distributed to each Commissioner:  OF A NEW MULTI-SPORT COMPLEX  North Carolina (the "County"):  Section 1. The Board does hereby find and determine as follows:  (a) There exists in the County a need to acquire, construct and equip a new multi-sport (b). After a publ'c hearing and due consideration, the Board has determined that the most efficient manner of finencing the Project will be through the execution and delivery of a Master Trust Agreement, to be dated as of October 1, 2023 (the "Master Trust Agreement"), between the Couaty and U.S. Bank Trust Company, National Association, as trustee (the "Trustee"), and a First Suppiemental Trust Agreement, to be dated as ofOctober 1, 2023 (the "First Supplemental Trust Agreement," and, together with the Master Trust Agreement, the "Trust Agreement"), between the County and the Trustee, pursuant to which the County will issue limited obligation bonds thereunder in an aggregate principal amount not to exceed $17,000,000 (the "Bonds") to provide funds, together with other available funds, to (i) pay the costs of the Project and (ii) pay the fees and expenses incurred in connection with the sale and issuance oft the Bonds.  complex (the "Project").  (c) In order to secure the payment of principal of and interest on the Bonds and the performance of the County's obligations under the Trust Agreement, the County will execute and deliver a Deed ofTrust, to be dated as of October 1, 2023 (the "Deed of Trust"), to the deed of trust trustee named therein for the benefit of the Trustee, granting a lien on all or a portion of the site oft the Project, together with all improvements and fixtures located or to be located thereon. (d) The Bonds will initially be sold to Wells Fargo Bank, National Association (the "Underwriter") pursuant to the terms of a Bond Purchase Agreement, to be dated the date of delivery thereof (the "Bond Purchase Agreement"), between the County and the Underwriter. (e) In connection with the offering and sale of the Bonds by the Underwriter, there will be prepared and distributed to potential purchasers a Preliminary Official Statement, to be dated as oft the date of delivery thereof (the "Preliminary Official Statement"), relating to the offering  and sale oft thel Bonds and the Official Statement (hereinafter defined).  4    (f) There have been presented to the Board drafts oft the following documents relating to  the transaction hereinabove described:  (I) the Master Trust Agreement;  (2) the First Supplemental Trust Agreement, together with the form ofthe Bonds  attached as Exhibit B thereto; (3) the Deed ofTrust;  (4) the Bond Purchase Agreement; and (5) the Preliminary Official Statement.  Section 2. In order to provide for the financing of the Project, the County is hereby authorized to enter into the Master Trust Agreement and the First Supplemental Trust Agreement and issue the Bonds thereunder in an aggregate principal amount not to exceed $17,000,000. The actual principal amount of the Bonds shall be determined by the County at the time of execution of the Bond Purchase Agreement, such execution and delivery of the Bond Purchase Agreement to constitute approval by the County ofthe principal amount of the Bonds as set forth in the Bond Purchase Agreement. The principal amount oft the Bonds shall be the amount that, in the best judgment of the person executing the Bond Purchase Agreement, is necessary to provide sufficient fund-, together with other available funds, to pay (a) the costs the Project and (b) the fees and expen 2S incurred in connection with the sale and issuance of the Bonds. The interest rates on the Bonds shall be determined by the County at the time of the execution by the County of the Bond Prchase Agreement; provided, however, that such interest rates shall not result in a true interesi cost in excess of 5.00% per annum, such execution and delivery of the Bond Purchase Agreement to constitute approval by the County of the interest rates on the  Bonds.  Section 3. The Bonds shall be sold to the Underwriter pursuant to the Bond Purchase Agreement. The Bonds may be sold to the Underwriter at a discount below the amount of the principal amount of the Bonds, such discount not to be less than 98% of the principal amount of the Bonds; provided, however, that ifall or any of the Bonds are to be sold to the public by the Underwriter at original issue discount (resulting in lower interest costs of the interest on the Bonds), then the Bonds may be sold at a further discount in the amount necessary to cover such original issue discount. The final maturity oft the Bonds shall not bel later than October 1, 2043. Section 4. The Board hereby approves the forms of the Master Trust Agreement, the First Supplemental Trust Agreement, the Deed of Trust and the Bond Purchase Agreement in substantially the forms presented at this meeting. The Chair or the Vice Chair of the Board, the County Manager and the Finance Director of the County are each hereby authorized to execute and deliver on behalf of the County the Master Trust Agreement, the First Supplemental Trust Agreement, the Deed of Trust and the Bond Purchase Agreement in substantially the forms presented at this meeting, containing such modifications as the person executing such documents shall approve, such execution to be conclusive evidence of approval by the Board of any such changes. The Clerk to the Board or any assistant or deputy Clerk to the Board is hereby  5    authorized to affix the official seal of the County to each of said documents and to attest the  same to the extent SO required.  Section 5. The Board hereby approves the Preliminary Official Statement in substantially the form presented at this meeting and hereby approves the distribution thereof by the Underwriter in connection with the offering and sale of the Bonds. Upon the sale of the Bonds to the Underwriter, a final Official Statement, to be dated as of the date of the Bond Purchase Agreement (the "Official Statement"), will be prepared substantially in the form of the Preliminary Official Statement and will contain such information relating to the pricing terms of the Bonds and such additional information as may be necessary. The Board hereby approves the distribution thereofby the Underwriters in connection with the offering and sale ofthe Bonds. Section 6. No deficiency judgment may be rendered against the County in any action for breach of any contractual obligation under the Trust Agreement, and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under the  Trust Agreement.  Section 7. The Chair or the Vice Chair of the Board, the County Manager, the Finance Director and the County Attorney are hereby authorized to cooperate with the Underwriter in preparing and filing such filings under state securities or "blue sky" laws as the Underwriter may request; provided, however, that the County shall not be required to consent to the jurisdiction of any state in which it is not now subject unless the County Attorney shall determine that such  consent is in the best interest oft the County.  Section 8. The Chair or the Vice Chair of the Board, the County Manager, the Finance Director, the County Attorney and the Clerk to the Board for the County, and any other officers, agents and employees ofthe County, are hereby authorized and directed to take such actions and to deliver such certificates, opinions and other items of6 evidence as shall be deemed necessary to consummate the transactions described in this resolution. The officers of the County and the agents and employees of the County are hereby authorized and directed to do all acts and things required of them by the provisions of this resolution for the full, punctual and complete performance of the terms, covenants and provisions of the Bonds, the Trust Agreement, the Deed of Trust, the Bond Purchase Agreement and the other documents contemplated by this  resolution.  Section 9. This resolution shall take effect immediately upon its adoption.  Upon motion of Commissioner Mark Lovick, the foregoing resolution entitled RESOLUTION APPROVING AND AUTHORIZING THE SALE AND ISSUANCE OF LIMITED OBLIGATION BONDS AND THE EXECUTION AND DELIVERY OF A MASTER TRUST AGREEMENT, A FIRST SUPPLEMENTAL TRUST AGREEMENT, A DEED OF TRUST AND RELATED DOCUMENTS IN CONNECTION WITH THE FINANCING OF A NEW MULTI-SPORT COMPLEX" was adopted by the following vote:  6    Ayes: 6_  Noes: 0  I,H Hailey Hall, Clerk to the Board of Commissioners for the County of Lee, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of sO much of the proceedings of said Board of Commissioners for said County at a regular meeting held on September 18, 2023, as it relates in any way to the holding of a public hearing and the adoption of the foregoing resolutions relating to a proposed financing of a multi-sport complex and that said proceedings are to be recorded in the minutes ofs said Board of Commissioners.  IDO HEREBY FURTHER CERTIFY that proper notice of such regular meeting was WITNESS my hand and the official seal ofs said County this 18th day of September, 2023.  given as required by North Carolina law.  the  upttall Clerk to Byard of Commissioners  [SEAL]  BCOUNP AE  CARO  7    EXHIBIT A  See attached for publisher's affidavit evidencing publication oft the Notice of Public Hearing  A-1    NOTICE OF PUBLIC HEARING Thel Board of Commission- ers for the County of Lee, North Carolina (the "County") has determined to consider whether toi is- sue limited obligation bonds pursuant a trust agreement or enter into a similar installment finan- cing arrangement (the "Agreement"). Section 160A-20 pursuant oft the to General Statutes of North Carolina, as amended, for the purpose of providing funds, together with other available funds, to (a) pay the costs of acquiring, constructing and equip-  AFFP  NOTICE OF PUBLIC HEARING Affidavit of Publication  STATE OFI NC) COUNTY OF JLee  SS  Kimberly Cook, being duly sworn, says:  That shei is Billing Clerk of the The Sanford Herald, a daily pinga a new multi-sport newspaper of general circulation, printed and published in complex (the' "Projec") and Sanford, County, NC; thatt the publication, a copy of which costs (b) pay relating certain thereto. financing The isa attached hereto, was published in the said newspaper Counly would be obligated  ont thet following dates: September 08, 2023  toy pay debl service or in- stallment payments under the proposed Agreement in aj principal amount not to exceed $17,000,000, togeth- er withi interest thereon. H the County enters into the proposed Agreement, It will secure its obligations thereunder by executing and delivering a deed of trust granting a lien on ail oray portion of the site of all Improvements or fixtures located ort to be located thereon. Section 160A-20 of the General Statutes of North Carolina requires that the County hold a public hear- the proposed. Agreement. Please take notice that the Board of Commissioners for the County will conduct apublic hearing in the Den- nis Wicker Civic Center loc- ated at 1801 Nash Street in Sanford, North Carolina, at 6:00 p.m. on September 18, 2023, at which time any person may be heard regarding the proposed Agreement. Any person wishing to comment In writing on the proposed Agreement should do so prior to September 18, 2023 to the County of Lee, North Carolina, 408 Summit Drive, Sanford, North Carolina 27330, Attention: Halley Hall, Clerk to the Board of Commissioners. Halley Hall Clerk to the Board ol Commissioners County ofLee, North Carolina  That said newspaper was regularly issued and circulated the Project, together with  ont those dates. SIGNED: Billing 344 2023.  Subscribed to and swor to me this 8th day of September ing prior to entering into  Sradans yfhnals  Barbara MI Danieis, Notary Guilford, County, NC My commission expires: March 06, 2087 AMI DAN  OTARI PUBLIC ORD COLR  o  70067947 70765268 JENNIFER DISTEFANO WOMBLE BOND DICKINSON (US) LLP 555 Fayetteville St Suite 1100 Raleigh, NC 27601    EXHIBITB  Jeff Smith, 164 Fraley Road (spoke in favor)  David Smoak, 961 Northridge Trail (submitted a written public comment in opposition)  B-1    Hello Commissioners, lam unable to attend the September 18 county meeting, sO lam submitting this email in-lieu-of speaking at the public hearing against Agenda item III.B, the MultiSport Complex Financing. lhope everyone has had a wonderful weekend and enjoyed In full disclosure, I voted for the original 2020 county referendum and continue to believe this type of project would be a great addition to our county and community. lam against this funding motion at this time however.lunderstand there has been a ton of prep and design work done already and many people are impatient for this project to finally proceed and break ground. lalso fully expect this motion to be approved at the upcoming meeting, but feel the The economic conditions when the Multi-Sport Complex was approved are totally different than the ones we face now. Inflation and interest rates are much, much higher now than in 2020 and l'm sure the recent property tax mailing has given our residents a little sticker shock for our own expenses. While none of us have the crystal ball to project future interest rates, the consensus of experts is that we are close to the top range forced on us by the Fed's fight against inflation. The split in most predictions is whether this current range of rates will be extended for another year or more, or if the economy will actually collapse and thus allow the There is a common saying in the financial world "Don't Fight the Fed" and right now the Fed is trying to reduce the flow of liquidity and spending sloshing around our economy. This Multi- Sport Complex, was approved by voters three years ago and depends on the creation of more debt which is exactly what the Fed is trying to fight, although obviously on a much smaller scale than the multi-trillion dollar spending packages of our larger government entities. As an analogy, lwould ask you all if now is the time you would borrow against your own home to remodel a bathroom or add a swimming pool---or would you wait a while until market  the fun at the County Fair!  need to express a contrary position just to give you some things to consider.  Fed to drop the rates to stimulate borrowing and spending again in 2024.  conditions were more favorable?  Iwould like to see this project deferred until interest rates drop and we actually need more infrastructure projects like this, in 2008/2009 there was even a call for shovel-ready" projects which our 421 Bypass project actually benefited from and has helped transform our community. la am sure the wheels are in motion on this project too much though and Ican only imagine the politics and backlash if this project was deferred for another year or two. Thank you as always for your time and efforts to continue leading our county to a brighter future.  David Smoak  96 Northridge Trail, Sanford    -  L  CO    a E 3 5 L S 3 N C - S S E E  -  N a C A  E  C - a  9 CU CU  A  E N a 9 3 B €  -  b a  - - S K M a - N 8 D - E E dY - S N I E  NN M E M * > - - D la N  2  6 A S ! 8 6 E - -  I  - 3    a M - X 8  -  3    BRAGGST  - S    a    o   / -  5  B -  I  Y  :    M  I  : - E N E 00 E E E f P - M A E € W - 6 A  D  -  3 -  C - L - N Dr - C  4  - -    - N + 5  K E 2 à C2 E        A   -    a  3 -    E  S -  B D S - N A M  L e 6 e M L  EBEEE HEEHERE  AEESE  EE    P  - N S 9 N -    /)    I    EEEE LE  -    - >            ALINAWNAS          -  S E S & a  3 = M € E  :  3  a  -  : / N  - 5  E A - C R L A * -  0- S            -  -    le  - - bS S E N  3  a        AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE  OF LEE COUNTY, NORTH CAROLINA  BE IT ORDAINED by the Board of Commissioners of Lee County, North Carolina that the Section 1. That Article 11 - Sign Regulations, Table 11-4 Standards for Sign Characteristics be amended to permit signs for nonresidential uses with "Internal Illumination" and "Changeable Copy" within the RA, RR, R-20, R-14, R-12, R-10, R-6, MF-12, PUD and TND zoning districts.  Unified Development Ordinance be, and it hereby is, amended as follows:  TABLE 11-4: STANDARDS FOR SIGN CHARACTERISTICS  RA, RR, R-20, R-14, R-12, R-10, R-6, MF-12, PUD, TND P P P( (See note 1)  C-1,0&1, LI,HI S/B P P  NC, C-2,HC P P P  CBD P P P P  Animated Changeable Copy Illumination, Internal Illumination, Indirect Illumination, Indirect, Exposed Bulbs or neon  ADOPTED this the 18th day of September 2023.  ehairman  Lee County Board of Commissioners  Lpbte    ELA Hnll Hailey Hall, Clerk to tpe Board  COUNT   *   APPROVED ASTOFORM: Awsum Whitney Parrish, Lee County Attorney  H AB    I  E D  e    I  d0 aU 0  o e 5 5  I € E -  8 8 s S C 1 8 a : 6 C B 0 8 8  @ o E e E @ @ o m de o4  8   : 0  9  I I  E 3 5 -  -    92  a    €  -  3  a  8    5  3  C  a s2 3 a 8 B 3 o 8 - D f E    o  E  - - .   -  00    F d  RAII  BBBB BBBB BBBD a  TIII MV    Co  Jj)    9  E  E E & I 2  a  BBBB BEBD ETT BBBB     E  -    @ 9 8  8  1 - a  -    P    Resolution oft thel Lee County Board of Commissioners to add Lee County Senior Services to the Lee County Consolidated Human ServicesA Agency  WHEREAS, in 2012, the North Carolina General Assembly adopted House Bill 438, amending North Carolina General Statutes 153A-77 and 153A-76, which granted counties the ability to create a WHEREAS, the Lee County Board ofCommissioners adopted a Resolution on March 20, 2023 consolidating the Lee County Health Department and the Lee County Department of Social Services into aConsolidated Human Services. Agency governed by a Consolidated Human Services Board and overseen WHEREAS, the Resolution adopted onl March 20, 2023 authorized the effective beginning date for the Lee WHEREAS, the Lee County Board of Commissioners, now finds that it isi in the best interest ofLee County citizens that Lee County Senior Services be added to the Lee County Consolidated Human Services Agency to enhance services but allow it to continue tol be governed by its Advisory Board and NOW,THEREFORE BEI ITI RESOLVED, by the Lee County Board ofCommissioners that: 1. Lee County Senior Services shall be added to the Consolidated Human Services Agency 2. The advisory body for Lee County Senior Services shall continue tol be the Lee County Senior 3. The advisory body for County ofLee Transportation System shall continue to be the Lee 4. The Consolidated Human Services Board shall have at least one member from thel Lee County Senior Services Advisory Board. The Chair, or a designee, oft thel Lee County Senior Services Advisory Board shall submit an application to the Clerk to the Board of Commissioners tol be 5. All employees ofLee County Senior Services shall continue to operate under the personnel policies ofLee County, subject to the nine principles oft the Federal Merit System, and work at the discretion of and under the supervision of the County Manager in accordance with North 6. Thel Lee County Senior Services Director shall maintain all duties ofal Lee County Department Head: and is supervised by the Consolidated Human Services Director.  Consolidated Human Services Agency; and  by the Consolidated Human Services Director; and  County Consolidated Human Services Agency on. July 12, 2023; and  COLTS Transportation Advisory Board;  effective. January 1,2024. Services Advisory Board.  County Transportation Advisory Board.  appointed to the Consolidated Human Services Advisory Board.  Carolina General Statute 153A-77(e).  the 1gth day of September, 2023.  ATTEST: AE  Hl  #lw all Hall, Clerk to the Boar  Smith  Chair, Lee County Board of Commissighers  COTN  APS  CARO    womblebonddickinson.com:  WOMBLE BOND DICKINSON  Womble Bond Dickinson (US)LLP 555 Fayetteville Street Suite 1100 Raleigh, NC: 27601 919.755.2100 919.755.2150 Paul H. Billow Partner Direct Dial: 919-755-2156 Direct Fax: 919-755-6098 E-mail: paulbilow@wb-us.com  August 28, 2023  VIA EMAIL Candace Iceman Finance Director Lee County, North Carolina 408 Summit Drive Sanford, North Carolina 27330  Re: County of Lee, North Carolina Limited Obligation Bonds (Multi-Sport Complex  Project), Series 2023  Dear Candace:  We are pleased to serve as bond counsel to the County of Lee, North Carolina (the "County") in connection with the proposed issuance by the County of the above-referenced bonds (the "Bonds") to finance the acquisition, construction and equipping ofa new multi-sport complex. We wish to set forth in this letter our understanding ofthe terms ofthis engagement.  ROLE OF BOND COUNSEL  Bond counsel is engaged as a recognized independent legal expert whose primary responsibility is to render an objective legal opinion with respect to the due authorization, issuance. validity and tax-exempt status of bonds and similar obligations. We will provide all services customarily rendered by bond counsel in connection with the authorization, sale and issuance of the Bonds, including (a) preparation of the Master Trust Agreement, First Supplemental Trust Agreement. Deed ofTrust and any other financing documents relating to the issuance of the Bonds, (b) preparation of the various proceedings, notices and certificates of the Board of Commissioners for the County and the Local Government Commission relating to the financing. (c) review and assist in preparation oft the Preliminary Official Statement and the final Womble Bond Dickinson (US)LLPIs ar member ofV Womble Bond Dickinson iInternationaly Limited whch consists of independent and autonomous law firms providing services n the US the UK anda eisewhere: around thev world. Each) Womble Bond Dickinson entity isas separate legai enuty andi IS not respors sible fort thea acts C omissions of nord cant bindo or obigate another Womble Bond Dickinson entity Womble Bond Dickinsor international)  Limited does notp practice iaw Please seey APSOAASE nohce forf further detaiis    August 28. 2023 Page2  Official Statement relating to the offering and sale of the Bonds, (d) review and comment on the Bond Purchase Agreement between the County and the underwriter relating to the sale of the Bonds to the underwriter. and (e) rendering legal advice to the County as to the tax consequences of the proposed financing and the requirements for compliance with the applicable federal tax The scope of our work does not include any real estate work relating to the financing (i.e., title searches, procurement of title insurance policy and recording of security instruments). We understand that this work will be handled by local counsel engaged by the County. However. we will assist the County and such local counsel with the coordination of such work.  laws.  LEGALOPINION  Subject to our satisfactory review of all proceedings relating to the issuance oft the Bonds, at closing. we will render our approving legal opinion with respect to the validity and tax-exempt status of the Bonds. In rendering our legal opinion, we will rely upon the certified proceedings and other certification of public officials and other persons furnished to us without undertaking Upon delivery of our opinion with respect to the Bonds, our responsibilities as bond counsel will be concluded with respect to this particular financing. Specifically, we do not undertake (unless separately engaged) to provide continuing advice to the County or any other party concerning any actions necessary to assure that interest on the Bonds will continue to be Inj performing our services as bond counsel, our client will be the County, and we will represent the County'si interests. We assume that other parties to the transactions will retain such counsel as they deem necessary and appropriate to represent their interests in this transaction. Our representation of the County does not alter our responsibility to render an objective legal  tov verify the same by independent investigations.  excluded from gross income for federal income tax purposes.  opinion as bond counsel. OFFICIAL STATEMENT  We will assist the County. the underwriter and underwriter's counsel inj preparing various material for inclusion in the Official Statement. However, we will not be responsible for verifying or investigating the accuracy ofany factual statement made therein, except as described in the next sentence. Our responsibility with respect to the Official Statement will include preparation and/or review of any description in the Official Statement relating to (a) federal and North Carolina tax law applicable 1O the Bonds. (b) the terms and provisions of the Bonds and  the legal documents relating thereto and (c) our approving legal opinion.    August 28, 2023 Page3  COMPLETION OF SERVICES  At the conclusion of our work for you on this matter, we will return to you. upon request, any materials it has furnished us in connection with this representation. Thereupon. we will store files respecting this matter for a minimum of six (6) years following the conclusion of our representation of you in this matter. and we will provide you with access to those files upon request. After: six years from the conclusion for our representation in this matter, we will review the stored files with respect to whether they should be retained or destroyed. We disclaim any obligation to provide further notice to you before destroying the files concerning this matter at any time after six years from the conclusion of our representation ofs you in this matter.  COMPENSATION  For this financing, absent unusual circumstances that may hereafter arise. we propose a fixed fee of $75,000 payable to our firm for services rendered as bond counsel. We will also charge separately for out-of-pocket expenses incurred in connection with this financing. These fees and expenses will be due upon receipt of our invoice following closing. In the event that such closing does not occur. we will work with the County to determine a mutually agreeable fee  tocover work already performed by our firm on this matter.  CONFLICTS OF INTEREST  Wells Fargo Securities ("Wells Fargo) has been selected to as the underwriter for the Bonds. Our firm represents Wells Fargo and its various affiliates from time to time in matters unrelated to our representation ofthe County in connection with this matter. In carrying out the engagement described in this letter, our client will be the County, and Wells Fargo will be Inc connection with our engagement as bond counsel, we hereby request that the County waive any conflict of interest that might arise on account of our representation of the County as bond counsel in connection with the issuance of the Bonds and the simultaneous representation of Wells Fargo in other unrelated transactions. We agree that your consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of you. we have obtained proprietary or other confidential information ofa non-public nature. that. ifknown to such other client, could be used in any such other matter by such client to your material disadvantage. By execution of this letter where indicated below, you hercby agree to waive any such conflicts as described above.  represented by other counsel.  INTERNAL/ ADVICE, ANDPRIVILEGE  Womble Bond Dickinson (US)LLP is a multi-jurisdictional law firm representing many clients and handling a large number of complex matiers each year. As a result, conflict of interest issues may arise and, from time to time, may even include disputes between the firm and    August 28, 2023 Page 4  our own clients over the handling ofa matter. Under such circumstances, we need the ability to seek analysis of our obligations from our General Counsel's office or outside counsel without waiving our firm's own attomey-client privilege. We believe that seeking advice is in our clients" interest. as well as our own. Accordingly, by signing this letter, you consent to our seeking advice from our General Counsel's office or outside counsel of our choosing on legal ethics or related issues that may arise during our representation of the County and that our representation of the County shall not, thereby, waive any attorney-client privilege that we may  have to protect the confidentiality of our communications with counsel.  LEGAL SUPPORT! SERVICE PROVIDERS  In an effort to continue delivering cost effective services. our firm uses legal support service providers located both inside and outside the United States to assist with help desk and technology issues, word processing, time entry, photocopying and other administrative tasks. In order for these service providers to complete these tasks, we must share certain client information. We have made reasonable efforts to ensurc that these services are performed in a manner that is consistent with our firm's obligations under the relevant Rules of Professional Conduct with regards to maintaining client confidentiality and supervision of non-lawyer assistants. and the firm bears responsibility for the resulting work product. As part of the engagement with the firm, you agree and consent to the use ofi the services oft these providers in the manner stated above. Ifyou have any concerns with this, please feel free to contact me to We wish to express our sincere appreciation to the County for entrusting this matter to our firm. Ifyou have any questions or concerns regarding the terms of our engagements. please do not hesitate to give me a call. Otherwise. we would appreciate it if you would execute this letter where indicated below and return a signed copy to us for our files (an emailed copy is fine for our purposes). Please note that if you do not sign and return this letter, your continuation to work with our firm in connection with this matter will constitute your full acceptance of the  discuss.  terms and conditions set forth herein.  We look forward to working with you on this financing.  Very truly yours, RRe Paul H. Billow  WOMBLE BOND DICKINSON (US) LLP    August 28, 2023 Page5  Accepted and approved:  COUNTY OF LEE. NORTH CAROLINA  M  By:  Name: KIRE D.3MITE Title: DHAIRMAN LEELuNTy Brmo of Comdussionecs  cc: Lisa Minter  This instrument has been preaudited in the manner required by the! Local Government Budgeta and Fiscal Contract Act. Canda Bemar Finance Officer, Lee County  WBDS)636786P0I    County Manager's Report-S September 18, 2023  Ongoing Projects  Moore Training Facility - Terraquest Environmental Consultants has placed the order for the equipment to install the skimmer system for the continuation of the hazardous waste mitigation that was previously approved by the Board of Commissioners. The lead time for the equipment delivery is six weeks. The tentative schedule for installation is the second week in September. Draft permit for Lee County wasi issued by NC Department of Environmental Quality, which began on August 6, 2023, and will end September 20, 2023. A public hearing will be held Thursday, September 14, 2023, at 10:00 a.m. in the McSwain Extension Education and Agriculture Center Auditorium, located at 2420 Tramway Road, Sanford, NC. The permit may be issued effective on September 20, 2023, if no comments are received. Any comments that are received during the comment period will be considered and, if appropriate, incorporated into the Permit conditions. Multi-Sports Complex - Bids were received from three bidders (Barr Construction, Conti Civil, and Sanford Contractors). Sanford Contractors presented the lowest bid (Base: $26,817,160, Alt 1:$3,628,537, and. Alt 2:$ $116,796, for a total of $30,562,493). Staffi is working on identifying all remaining anticipated project costs and facilitating the associated financing. An updated project budget On the agenda is a recommendation to proceed with accepting the bid from Sanford Contractors as the General Contractor, and once approved by Board of Commissioners, staff will begin contract negotiations. On September 12, 2023, the County received notification from NCDOT that upon review of the appraisal report it was determined that there was no change in the value for the property, therefore no enhancement fee will be required for the control of access break. There will still be a few items that will need to be addressed with NCDOT including survey monument placement, any re-establishment of control of access fence as needed, developer agreements for the roadway improvements and driveway permits. The best case for construction to begin is October/November: 2023; however, that depends on contract negotiations with the General Contractor, issuance of the bonds, and acquisition of any required permits. Details regarding a groundbreaking ceremony will be provided as soon as they are available. Horton Pool - The grand opening was held on September 8, 2023. The pool will remain open on September 9, 10, 16, and 17 before closing until next year. The Construction Administrator and Engineer came onsite on September 5, 2023 to review construction and prepare at final punch list for the pool contractor (Southeast Aquatics). Staff also reviewed final open items with the Bathhouse contractor (JMT). Liquidated Damages were implemented for the pool contractor (Southeast Aquatics) from May 1, 2023 to September 1, 2023. Staff will work to resolve final  payment versus Liquidated Damages with Southeast Aquatics. Phase 1& II Parks Projects - Kiwanis Children's Park and Temple Park-  Temple: Playground equipment assembly continues with Churchich. The progress was slowed down by weather (Hurricane Idalia and by delay in turf delivery). The shelter has been installed for restrooms and picnic tables. Staff is finalizing the bathroom layout/design with Churchich and are now working on finalizing the utility connections for Kiwanis Children's Park: Bid documents have been reviewed by the Finance Department and approved as far as requirements for bid. Staff is planning to bid both Kiwanis Children's Park and O.T. Sloan Park at same time, around December of 2023. Staff need to align with' WhitersRavenel on timing for bid and updated cost estimations on  water, sewer, and power.  the playground equipment.    Library Building Project = The project is at the end of Design Development at 85% drawings and cost estimations. Vines has presented final design options to the Library Board of Trustees, and they have selected and approved a preferred exterior design. Vines will present project updates on design and status to the Board of Commissioners at the September 18, 2023 meeting. Staff will finalize the outside easement for sewer during the week of September 11 and are working with Jeremy Thomas Engineering on sewer connection design. The 85% cost estimation showed the project to be slightly overt the targeted construction budget. Staff is working with Vines Historic Courthouse- - Hobbs Architects provided a schematic design drawing set tol Lee County and the North Carolina State Historic Preservation Office (NCSHPO). NCSHPO estimates drawing review by September 21, 2023. This review is to approve recommended repair methodology from REI to allow the project to go out to bid. Design work continues with Hobbs Architects. Hobbs is requesting a lift on site to allow for second story inspections of the Courthouse. The August 2024 grant funding deadline has been confirmed with Central Pines (formerly TJCOG), the grant administrator. This deadline is set by the NCSHPO. An updated schedule from Hobbs still shows a path to August 2024 as the project completion date, but all buffers have been removed from the schedule. Staff continues to work with Hobbs to ensure the Lee County Jail Feasibility Study-Arequest for proposals (RFP) was issued on June 23, 2023 and closed August 11, 2023. Lee County received three RFPS, which were evaluated by an internal committee on August 11. The review committee consisted of Brian Estes (Sheriff), William Sturkie (Chief Deputy), Ryan Faulk (General Services Director), Jennifer Gamble (Assistant County Manager), Brandon Key (Development Services Director), and Kenny Cole (Development Services Project Manager). The internal review panel came to a unanimous decision to recommend Moseley Architects to perform the Jail Feasibility Study. References provided by Moseley Architects int the proposal submission have been contacted by staff. Overall, Moseley Architects was selected for the Jail Feasibility Study due to experience on similar local projects and an extensive background working on related projects. Contract negotiations with Comprehensive Fire Services Study and Long-Range Plan - A request for proposals (RFP) was issued on August 9, 2023. Proposals were due September 8, 2023. Once proposals are reviewed, a recommendation will be brought for the Board's consideration in October. The purpose of the study is to provide a review and analysis of the needs of both current and future fire services delivery to include a review of response times, staffing, station locations, equipment evaluation and needs, and industry benchmark comparisons culminating in the development of a long-range planning document with recommendations for a period of at least 10 years.  on value engineering to meet the cost target.  path to project completion by the August 2024 deadline.  Moseley can begin after approval from Board of Commissioners.  Reports  Tax- - The Tax Department Collections report for August is attached.  Building Inspections - Attached are the monthly inspection reports for. June 2023. Library Board of Trustees - The Library Board of Trustees September Agenda, Director's Parks and Recreation - The minutes from the August 28, 2023 meeting is attached.  Report for August, and Minutes from June 14, 2023 are attached.    TRC-7 The TRC Agenda for September is attached.  Consolidated Human Services Board - The Minutes from the July 12, 2023 meeting are  attached.  Upcoming Meetings/Events:  Board of Commissioners Regular Meeting - September 18, 2023 - Civic Center-6 6 p.m. STARS Awards Presentation - September 19, 2023 - Wicker Room, LCGC - 8:30a.m. SAGA. Annual Meeting - September 28, 2023 - Civic Center - 5:00 p.m. NC Disabled Veterans Monument Dedication Ceremony: - October 1, 2023-Broadway Board of Commissioners Regular Meeting - October 2, 2023-N McSwain Center- - 6 p.m. Board of Commissioners Regular Meeting - October 16, 2023- Civic Center-6p.m.  Veterans Memorial Complex - 2:00 p.m.  NORTHCAROLINA,! LEE COUNTY Presented for registration ont this, 3r day fot ,3,3:00NAPV recorded in Book, 30 Pagedul Pamela G. Bilt, Register ofl Deeds