COUA  LEE COUNTY BOARD OF COMMISSIONERS  RUBY MCSWAIN CENTER 2420 TRAMWAY ROAD SANFORD, NC 27330 May 15, 2023 MINUTES  Roll Call  Present: Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Mark Lovick, Taylor Vorbeck CALL TO ORDER  Chairman Kirk Smith called the meeting to order at 6:00 p.m.  INVOCATION  Commissioner Bill Carver led the Board in an invocation and the Pledge of Allegiance.  PLEDGE OF ALLEGIANCE I. ADDITIONAL AGENDA Mover: Taylor Vorbeck Mark Lovick, Taylor Vorbeck Motion Result: Passed  Motion: Approve the Agenda as amended.  For: 7-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  II. APPROVAL OF CONSENT AGENDA  Commissioner Taylor Vorbeck asked to pull item IL.M Approve the Lease for Spec Building Number 3 from the Consent Agenda and add it to Old Business as item V.A. For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Motion: Approve the Consent Agenda as amended.  Mover: Taylor Vorbeck Mark Lovick, Taylor Vorbeck Motion Result: Passed  II.A Refund and Release Report for April 2023    Gen Statute 105.docx  RELEASE CODES SPREADSHEETxIS April Real Property Abatement Report.pdf April Personal Property Abatement Report.pdf  II.B MOU Between LCG and the San-Lee Chapter of AACA  Car Show Flyer.docx Final MOU Car Show (1).docx  II.C Minutes from the April 21, 2023 Special Interlocal Meeting BOC Interlocal Meeing.42123.fmalcoos I.D Minutes from the May 1, 2023 Regular Meeting BOC Regular Meeting Minue.51-23.inaldoa II.E County of Lee Transit System NCDOT Grant Application FY25 FY2025 NCDOT Lee Co Phase I signature docs.pdf FY2025 NCDOT Lee Co Phaselapproval to apply.pdf  II.F Adult Daycare Contract for FY23-24 Christian Adult Daycare 2023-2024.pdf  II.G Contract for FY23-24 between Lee County Social Services and COLTS  COLTS FY23-24 Contract  ILH Updated Capital Area Workforce Development Board Consortium Agreement CAWD Orange County Realignment ppicalon.elersparpan  CAWD Consortium Agreement.pdf  II.I TJCOG Charter Amendment TJCOG Charter -Clean Version.pdf TJCOG Charter -Redline Version.pdf CPRC Charter One-Pager.pdr RESOLUTION - Triangle J.docx  IL.J Approval of Budget Amendment #05/15/2023/15 II.K State Contract Furniture Purchase for Buggy Building  BA 5-15-23.pdf  Buggy Building 3rd Floor Plan.pdf  I.L Audit Contract  Lee County - 2023 Contract and Eng Letter.pdf II.M Approve the Lease for Spec Building Number 3 Moved to the Consent Agenda.  Fully Executed MOU with Lee Co_City of Sanford_ LCGV.pdf Scanned Copy of Amendment MOU for Spec Building 3.pdf    Lee County Growth VLLC SNDA.docx  IIN Application for Lottery Funds lottery application.pdf III. PROCLAMATION PRESENTATION  IIL.A Proclamation Honoring Sandhills Center CEO Victoria Whitt and Her Years of Chairman Kirk Smith read aloud and, presented a proclamation honoring Victoria Whitt and her years of service with the Sandhills Center. Motion: Motion to approve the Proclamation Honoring Sandhills Center CEO For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Service  Victoria Whitt and Her Years of Service.  Mover: Dr. Andre Knecht Mark Lovick, Taylor Vorbeck Motion Result: Passed  IV. PUBLIC COMMENTS  Christopher Cox, 795 Thomas Kelly Road (Flat Tax for Rural Fire Districts) Derek Dyson, 3122 White Hill Road (Flat Tax for Rural Fire Districts) Kenneth Gilstrap, 1450 Bailey Thomas Road (Flat Tax for Rural Fire Districts) C Chad Deal, 2448 Hickory House Road (Flat Tax for Rural Fire Districts) John Cagle, 2204 Dunber Drive (Flat Tax for Rural Fire Districts)  David Smoak, 96 North Ridge Trail (2024 Budget)  Chairman Kirk Smith asked that it be entered into the record that "we appreciate the fire departments' service in both the City of Sanford and Lee County and have heard  what you said." V. OLD BUSINESS  V.A)Approve the Lease for Spec Building Number 3  Commissioner Taylor Vorbeck asked to pull this item from the Consent Agenda and asked Sanford. Area Growth Alliance CEO. Jimmy Randolph to come up to discuss the Mr. Randolph said he can speak broadly about this item in open session and have a follow up closed session to discuss further details. There was a letter of intent on spec building #3, which was valid for a two-month period of due diligence. The prospective company brought on a new investor that indicated to them that our spec building would not be large enough for operations and they did not enter a lease after the due diligence period, which was in late January/early February. Mr. Randolph said the building is on a shorter list with a prospective company, and there are five active projects that still haven't made a final decision on it yet. SAGA has also submitted it twice this past week for consideration, and Mr. Randolph and SAGA are confident of finding a renter soon. SAGA is trying not to use it for warehousing and  process and provide an update.  are continuing to advertise it.    Motion: Motion to approve the lease for Spec Building Number 3 and the terms For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark  of the agreement. Mover: Cameron Sharpe Lovick, Taylor Vorbeck Motion Result: Passed VI. NEW BUSINESS  VI.A Sandhills Center Presentation  Sandhills Center CEO Victoria Whitt presented the Sandhills County General Budget Funding Request for the coming year, and thanked the Board for the honor of being recognized after 43 years with the Sandhills Center. She said it is important to maintain community engagement and encouraged the Board to remain involved. Ms. Whitt noted Senate Bill 425 and asked the Board to review it. Commissioner Smith and Walter Ferguson currently serve on the Sandhills Board. The Sandhills Board decided not to increase their funding request and it will remain the same at $240,000. Ms. Whitt said they were able to keep the request the same due to managing Medicaid funding. Deputy Director Anthony Ward was appointed by their Board to be the new CEO effective July 1.A Behavioral Health Urgent Care Facility was recently discussed at the Sandhills Board meeting. Chairman Smith said this may be more of a multi- county initiative and he has reached out to neighboring  counties to potentially partner with on a facility. Lee County Request Letter.rtf Lee Co Packet.pdf  VI.B Lee County Board of Education Budget Presentation  Board of Education Chair Sherry Lynn Womack introduced the Finance Committee Chair and Board of Education Member. Alan Rummel, who gave the school district's budget presentation, a copy of which is attached and incorporated into these minutes. Ms. Womack provided additional information regarding what the Board of Education has accomplished since December 2022, its plans for the future, and how that resulted ini their budget requests for FY2 2024 and beyond. The Finance Committee and former Lee County Schools Superintendent worked on the $1200 "one time'supplement for teachers, for a total of$2.1 million, to present to the Commissioners. The Board of Education is exploring all options for the request for $600,000 for the demolition of the Jonesboro School building and insurance has not paid yet. County Manager Lisa Minter said the Board of Education's request for the supplemental bridge within the current expense budget would not be held as a one-time awarding of funds and the Commissioners would be held for the appropriation as the base in future years ifthe Board of Education chooses to pursue the appropriation. School. bus drivers currently receive a monthly, one-time amount for routes driven that month. Lee County Schools Chief Finance Officer Kelly, Jones said the district received $1.7 million in supplemental assistance funding from the State, but there is no confirmation that that will continue next year. Ms. Jones also noted that this funding is only for certified staff. Commissioner Mark Lovick asked the Board of Education to explain how teachers are    paid and where the funding sources come from. The State pays for the majority of the salaries and the County picks up the rest. Ms. Womack said the ongoing audit results will be presented at the Board of Education's. July 2023 meeting. So far, the auditors have found that teachers leave because of lack of support from the school district's Central Office, but stay with the school district because of the leadership of their  principals.  2023 Lee County Schools Budget Presentation.Fna.pprx Chairman Smith called for a ten-minute recess at 7:38 p.m.  VI.C Lee County FY 2024 Budget Presentation The Board reconvened at 7:48 p.m.  County Manager. Lisa Minter presented the recommended 2024 County Budget, a copy Ms. Minter said there will be a freeze placed on the fire districts'; fund balances as of June 30, 2023. Afterwards, taxes collected will go into a combined fund balance and requests to use those funds will go to the Fire Advisory Board (FAB), and then to the Commissioners for consideration. Ms. Minter and Assistant County Manager Jennifer Gamble can meet with the rural fire chiefs and FAB again to answer additional questions. The rural fire districts had already submitted their budgets to the FAB, per standard operating procedure, and Ms. Minter calculated the proposed flat tax rates based on the approved budgets from the FAB. This tax would not affect the County's V.DFY/2024-2028 Recommended Capital Improvements Program (CIP) NCACCIICMA Management Fellow Ben McQueary, presented the 2024-2028 Recommended Capital Improvements Program (CIP) to the Board, a copy of which is attached and incorporated into these minutes. There is no scheduled meeting with the City of Sanford on the VIPER  ofv which is attached and incorporated into these minutes.  proposed property taxi rate of 65 cents.  system, as the City declined the meeting. VI.E Strategic Plan Adoption & Report Out  Clerk to the Boara/Communtcatlons Specialist Hailey Hall gave the quarter two Strategic Plan report out, as well as presented the updated 2023-2028 Strategic Plan for the Board's consideration, copies of which are attached and incorporated into  these minutes.  Lee County SP 2023 Web.pdf VII. MANAGERS' REPORTS  VIL.A Monthly Financial Reports  Finance Director Candace Iceman provided the sales tax revenue report for  February and monthly financial report for April to the Board.  February 2023 Sales Tax Collections.pdf    APRIL 2023.pdf  VII.B County Manager's Monthly Report for May 2023  County Manager Lisa Minter gave her monthly manager's report for May, a copy of  which is attached and incorporated into these minutes. County_Managers. Monthy_Reporu.Myy.16_2023.d0cx Lbay.202.Ap_Dreder. Report.pdf Library._5.10.23 Lee County Library Board Cancel Notice.pdf Parks and Rec Board_1.23.23 Minutes_signed.pdr emcsuameSummeryent 2023.pdf PermIts.MONTHLY REPORT APRIL 2023.pdf Tax_ Monthly Managers Report April 2023.docx TRC Agenda_May_  [05.04.23.pdf  VIII. COMMISSIONERS COMMENTS  Commissioner Robert Reives suggested that a flat tax summary similar to the one in the Recommended Budget presentation could be he/pful. Commissioner Andre Knecht said he's received calls about Highway U.S. 1 in Tramway and would like an update on that project from NCDOT. County Manager Lisa Minter said the County has chosen not to open the Convenience Centers on Sundays. The Convenience Centers are open on  Saturdays until 5 p.m., but the landfill is not.  ADJOURN  Motion: Motion to adjourn. The Board adjourned at 8:38 p.m.  Mover: Dr. Andre Knecht Lovick, Taylor Vorbeck Motion Result: Passed  For: 7-[ Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark  Aml  Kirk Smith, Chairman  Lee County Board of Commissioners  ATTEST:  fmlry Mll Hailey Hall, Clerk to the Board  COUNTT BR    Memorandum ofUnderstanding Between the Lee County Government and San-Lee Chapter of AACA  This Memorandum ofUnderstanding, made and entered into this the 15" day ofl May, 2023 by and between the Lee County Government and the San-Lee Chapter of AACA, governs the classic car show hosted by the San-Lee Chapter of AACA. WHEREAS, the San-Lee Chapter of AACA will host a classic car show on June 3, 2023 which is a free event to the public involving displays of antique cars, modern classics and WHEREAS, the San-Lee Chapter of AACA has requested the use of a portion oft the ground floor ofthe Buggy Factory and the side parking lot adjacent to the Buggy Factory THEREFORE, the parties agree that they have the authority to sign on behalfoft their organization and to bind the organization to the following terms for. June 3, 2023:  hot rod cars, among other categories;  which are owned by the County on June 3, 2023;  Lee County Government agrees to:  Coordinate with a representative of the San-Lee Chapter of AACA for the morning oft the car show, to open the building and allow access inside the building at 7 am. Coordinate with a representative of the San-Lee Chapter of AACA at the end oft the event at 5 pm to inspect the property and to safely secure and lock the property. During the inspection at the end of the event, a Lee County employee will immediately notify Mr.. Anthony Bright or Mr. Bennie Pokemire ofany damage that Assist with the removal of any trespasser from the building ifit becomes necessary. Have an on-call representative available to the San-Lee Chapter of AACA should  has occurred and how it will need to be addressed. any problem or issue arise during the show. Not charge a usage fee to the San-Lee Chapter of AACA.  The San-Lee Chapter of AACA agrees to:  Only access and use the common/open areas of the ground floor of the Buggy Factory to set up registration for its classic car show event and only allow use ofthe Ensure its registrants and attendees do not enter any other area oft the building. Keep an attendant present in the building during the entire time of use.  public bathrooms on the ground floor.    Set up and tear down the registration tables prior to the event and after the event and Leave the building and parking lot in as good a condition or better than when the Make sure noi trash or debris is found in any oft the areas its attendees and registrants Not allow any registrant or attendee to drink, eat, smoke or vape or conduct illegal Immediately contact the Lee County representative should any problem or issue arise during the car show and report any damage or issue to the Lee County Provide a representative to walk through the areas used with the Lee County representative at the conclusion of the show to inspect the premises. Be fully responsible for any damage caused to the premises that occurs during the Agree to indemnify and hold harmless the County, its officers, directors, and employees (collectively, County) against any and all damages, liabilities, or costs including reasonable attorneys' fees and defense costs, related to the performance  supply all tables, chairs, and other necessary supplies.  event began.  have access to during the event. activity inside the building.  representative.  time oft the show.  ofs services under this Agreement.  The undersigned acknowledges they have authority to act on behalf of their organization.  Agreed to on this 15" day of May 2023.  San-Lee Chapter of AACA Bennie Pokemire, President  Goverment  Lisa Minter, County Manager G    N o I  2  X o N    INTEGRATED MOBILITY DIVISION  UNFIED GRANT APPLICATION  DBE GOOD FAITH EFFORTS CERTIFICATION  This is to certify that in all purchase and contract selections (Legal Name of Applicant) efforts to purchase from, and award contracts to, Disadvantaged Business Enterprises (DBEs). DBE good faith efforts will include the following items that are indicated by check mark(s)  County ofLee orr narrative: Required Check all by IMD that apply  is committed to and shall make good faith  Description  Write a letter/email to Certified DBES in the service area to inform Document telephone calls, emails and correspondence with or on Advertise purchase and contract opportunities on local TV Request purchase/contract price quotes/bids from DBEs; Monitor newspapers for new businesses that are DBE eligible Encourage interested eligible firms to become NCDOT certified. Interested firms should contact the office of contractual services at Encourage interested firms to contact the Office of Historically Underutilized Businesses at (919) 807-2330 for more information Consult NCDOT Certified DBE Directory. Al DBE company will be listed in the DBE Directory for each work type or area of specialization that it performs. You may obtain a copy oft this directory at pstarsaenrsonteniant     M M  E7 M  them of purchase or contract opportunities;  behalf of DBES; Community Cable Network:  (919) 707-4800 for more information  Other efforts: Describe:  You may obtain a copy of the USDOT Disadvantaged Business Enterprise Program Title 49 Part Reminder: Documentation of all good faith efforts shall be retained for a period of five (5) Icertify that, to the best of my knowledge, the above information describes the DBE good faith  26 at itps/www.ebs.nc.owvenororectony/deraut.nm years following the end of the fiscal year. Hapbnw  effopts./ Signature  05/02/23 Date  of Authorized Official  Kirk D. Smith, Chair, Lee Co. Board of Commission Type Name and Title of Authorized Official  FY: 2025 DBE GOOD FAITH EFFORTS CERTIFICATION  Last Updated: 04/03/2023    INTEGRATED MOBILITY DIVISION  URED GRANT APPUCATON  TITLE VIF PROGRAM REPORT Legal Name ofA Applicant: County ofl Lee (Complete either Part A or Part B; and Parto C)  SECTION 5311, 5310, 5339, Combined Capital, 5307 or State Funds Call for Projects  PartA- - No complaints or Lawsuits Filed Lee Çourty (ÇOLTS) MmDmmb Sgnature ofAuthorizeu Official Type Name and Title OfA Authorized Official Part B- Complaints or Lawsuits Filed  Icertify that tot the best ofr my knowledge, No complaints or lawsuits alleging discrimination have been filed against  (Transit. System Name) during the period. July 1, 20221 through June: 30, 2023.  05/02/23 Date  Kirk D. Smith - Cher Lee Doeety Banib Commiasimars  Icertify thatt tot the! best ofr my! knowledge, the below described complaints ork lawsuits alleging discrimination have been filed against  (Transit System Name) during the period. July 1, 2022 through. June 30, 2023.  Complainant ameAddressleepnone  Date  Description  Status/Outcome  Number  Attacla ayéddilenargage ikrequired.)- Awmmm Sgnaure ofA Authorized Official Kirk D. Smith Type Name and' Title of Authorized Official Part C-1 Title VIF Plan Doy youd currently have al Title VIF Plan:. Yes  5/212023 Date  Date oflast plan update:. 09/12/22  FY 20257 TITLE VIF PROGRAMI REPORT Last Updated: 04/03/2023    INTEGRATED MOBILITY DIVIBION  UNED GRANT APPOCALON  NORTH CAROLINA DEPARTMENT OF TRANSPORTATION INTEGRATED MOBILITY DIVISION DBE/MBEIWBEHUB ANTICIPATED VENDOR AWARDS! inF FY2025  APPLICANT'S NAME: County ofLee E-MAIL ADDRESS: dawtsongeecaunynego. VENDORI NUMBER: County ofLee DBE/MBEBEHUB VendorSubeontractors Name  PERIOD COVERED From: 07/01/2024 To: 06/30/2025  We expect to utilize the following list of DBE/MBE/WBE/HUB Vendors in FY2 2025:  Mailing Address City, State, Zip  ID# from NCDOT Describe Service! Item tot be Anticipated  Website  Purchased  Expenditure ($)  TOTAL  The abovel listi includes the DBE/MBE/BE/HUB Vendors the applicant expects to utilizei inF FY2025. No  Aponti Signature of Authorized Official  0510212003 Date  FY2025 DBEMBEMWBEHUB: ANTICIPATED VENDORI AWARDS  Last Updated: 04/03/2023    INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  EEO QUESTIONNAIRE  Threshold Requirements: Any applicant, recipient, or sub-recipient is required to comply with  program requirements in Chapter III ifitr meets the following thresholds: a. Employees 100 (+) or more transit-related employees*; and  b. Requests or receives capital or operating assistance under Sections 3, 4(), or 9 of the FTA; assistance under 23 U.S.C. 142(a)(2) or 23 U.S.C. 103(e)(4), or any combination thereof, in excess of $1 million int the previous Federal fiscal year; or . Request and receives planning assistance under Sections 8 and/or 9 in excess of Transit systems with 50 = 99 employees must keep a plan on file for review at next site visit.  $250,000 in the previous Federal fiscal year.  Name of Organization: Lee County (COLTS) Organization Type: Transit Agency TrAMS ID:  (ifa applicable)  1. How many employees do you have in your organization? 375FT 2D0PT  2. How many of those employees are *transit related?  31  *Ai transit related employee is an employee of an FTA applicant, recipient, or subrecipient who is involved in an aspect of an agency's mass transit operation funded by FTA. For example, a city planner involved in a planning bus route would be counted as part oft the recipient's work force, **FEEO requirement is not applicable check. here.  sign below, and submit, otherwise  but a city planner involved in land use would not be counted.  complete remaining questions.  Ideclare (or certify.erify, or state) that the foregoing is true and correct.  Applicant Name/ Date. 05/02/23  ADbnihe  Title COMMISSI0N CHARMAN  FY 2025 EEO QUESTIONNAIRE Last Updated: 04/03/2023  Page 1of3    INTEGRATED MOBILITY DIVISION  UNITIED GRANT APPLICATION  3. Does your agency submit an EEO Program? Ify yes, what is the date ofy your last submission? 4. Does your agency submit an Abbreviated EEO Program? Ify yes, what is the date of your last submission? 5. Do you contract out any of your transit services? No Ifno, skip to question 7. Ifyes, a. What is the name of agency (s)?  b. How many transit employees does the agency have?  Does the agency submit an EEO Program/Abbreviated EEO Program to you? If yes, what is the date oft their last EEO/Abbreviated EEO submission?  6. What is the date ofy your last Triennial Review (lf applicable)?  a. Were there any deficiencies? Ifyes, in what area(s)  b. Are any of the deficiencies still open? Ifyes, in what area(s)?  7. Has your agency participated in an EEO compliance review? Ify yes, what is the date of  your last EEO compliance review? a. Were there any deficiencies?  FY: 2025 EEO QUESTIONNAIRE Last Updated: 04/03/2023  Page 2 of3    INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  Ifyes, in what area(s)  b. Are any oft the deficiencies still open? Ifyes, in what area(s)?  Ideclare (or certify,verify, ors state). that the foregoing is true and correct.  Applicant Name HaDbulk  'KINK D. SHITH  Date. 05/02/23  Title. COMMISSION CHAIAMAN  FY: 2025 EEO QUESTIONNAIRE Last Updated: 04/03/2023  Page 3 of3    INTEGRATED MOBILITY DIVISION  UNIFIEO GRANT APPLICATION  FY 2025 DELEGATION OF AUTHORITY  Date: 05/02/23  - Kirk D Smith as the designated party for Lee County (COLTS)  Chair Lee County Board of Commissic  with authority to submit funding applications and enter into contracts with the North Carolina Department of Transportation and execute all agreements and contracts with the NCDOT Integrated Mobility Division, hereby delegate authority to the individual(s) filing the positions as  indicated below:  Primary Designee: Deborah P Davidson County of Lee Transit System Reimbursement Requests: Budget Revisions: Budget Amendments: Period of Performance Extensions: Other  YES DYES ZYES MYES DYES  Alternate Designee #1: Melanie P Rodgers County of Lee Transit System Reimbursement Requests: Budget Revisions: Budget Amendments: Period of Performance Extensions: Other  YES ZYES MYES MYES DYES  Alternate Designee #2: Reimbursement Requests: Budget Revisions: Budget Amendments: Period of Performance Extensions: opahat Signature  DYES DYES DYES DYES DYES  FY 2025 DELEGATION OF AUTHORITY Last Updated: 04/03/2023    a  This instrument has been preaudited in the manner required by the Local Government Budget  and Fiscal Control Act.  Cundaumen Candace Iceman, Finance Director  5-17-23 Date  P42025 Wnihed Grunt Aplicaho -CouTs  P.O. Box 1968 14 408 Summit Drive : Sanford, NC 27330 I( (919)718-4605    Contract # 1/23-24 Fiscal Year Begins July 1, 2023 Ends June 30, 2024  This contract is hereby entered into by and between the Lee County Department of Social Services (the "County") and Christian Healthcare Adull Daycare (the Contractor)(reterred to collectively as the Parties"). The Contractor's federal tax  identification number is 56-20550272. (1) This contract  1. Contract Documents: This Contract consists of the following documents: (2) The General Terms and Conditions (Attachment A) (3) The Scope of Work, description of services, and rate (Attachment B) (5) Federal Certification Regarding Environmental Tobacco Smoke (Attachment F) (6) Federal Certification Regarding Lobbying (Attachment G) (7) Federal Certification Regarding Debarment (Attachment H) (8) Certification of Transportation (Attachment J) (11) Contract Determination Questionnaire (required)  (4) Federal Certifications Regarding Drug Free Workplace & Certification Regarding Nondiscrimination (Attachment C)  (9) Ifapplicable, IRS federal tax exempt letter or 501 (c)Attachment K)! http:/lwww.i irs. GOVPUDIESTVA1023Dd  (10) Certification of Eligibility Under the Iran Divestment Act and E-Verify Certification  These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements 2. Precedence among Contract Documents: In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first-listed document having the highest precedence and the last-listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment shall have the highest precedence and the oldest amendment shall have the  ora agreements.  lowest precedence.  3. Effective Period: This contract shall be effective on July 1, 2023 and shall terminate on June 30, 2024,  This contract must be twelve months or less. Attachment B, Scope of Work.  4. Contractor's Duties: The Contractor shall provide the services andi ina accordance with the approved rate as describedi in 5. County's Duties: The County shall pay the Contractor in the manner and in the amounts specified in the Contract Documents. The total amount paid by the County to the Contractor under this contract shall note exceed$62.523.00. This amount consists of $ 28,622.001 in Federal funds (CFDA #93,667,526,086.001 in State Funds, 5781500hCountyluncs  a. There are no matching requirements from the Contractor. b. The Contractor's matching requirement is $  which shall consist of: Cash Cash and/or In-kind  In-kind Cash and In-kind  The contributions from the Contractor shall be sourced from non-federal funds. The total contract amount including any Contractor match shall not exceed $  6. Reversion of Funds: termination of this contract.  Any unexpended grant funds shall revert to the County Department of Social Services/Human Services upon  7. Reporting Requirements:  Contract-General (06/15)  Page 1 of3    Contractor shall comply withauditr requirements as describedi inN.C.G.S. S 143C-6-22 & 23: and OMB Circular- CFRTitle 2Grants and Agreements, Part 200, and shall disclose all informationrequired by 42USC4 455.104, or 42USC455.105,  or 42 USC4 455.106. 8. Payment Provisions: Attachment B.  Payment shall be made in accordance with the Contract Documents as described in the Scope of Work,  9. Contract Administrators: All notices permitted or required to be given by one Party toi the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change ther name, post office address, street address, telephone number, fax number, or email address ofi its Contract Administrator by giving timely written notice to  the other Party.  For the County:  IF DELIVERED BY US POSTAL SERVICE Name & Title Angelina Noel, Director Mailing Address P.O. Box 1066 City, State, Zip Sanford, NC: 27330  IFD DELIVERED BY ANY OTHER MEANS Name & Title Angelina Noel, Director Street Address 530 Carthage Street City, State, Zip Sanford, NC 27330  County Telephone Fax Email  Lee County 919-718-4690 919-718-4634 anoel@leecounyncgov  County  Lee County  For the Contractor:  IF DELIVERED BY US POSTAL SERVICE Company Name Christian Healthcare. Adult Mailing Address 507 North Steele Street City State. Zip Sanford, NC 27330  IF DELIVERED BY ANY OTHER MEANS  Name & Title Daycare Telephone Fax Email  Wanda Marsh, Director  Name & Title Company Name Street Address City State Zip  919-775-5610  10. Supplementation of Expenditure of Public Funds:  The Contractor assures that funds received pursuant to this contract shall be used only to supplement, not to supplant, the total amount of federal, state and local public funds that the Contractor otherwise expends for contract services and related programs. Funds received under this contract shall be used to provide additional public funding for such services; the funds shall not be used to reduce the Contractor's total expenditure of other public funds for As a condition of this contract, the Contractor acknowledges and agrees to make disbursements in accordance with  such services. 11. Disbursements: the following requirements:  Contract-General (06/15)  Page 2 of3    (a) Implement adequate internal controls over disbursements; (b) Pre-audit all vouchers presented for payment to determine:  Validity and accuracy of payment Payment due date Legality of disbursement  Adequacy of documentation supporting payment  (c) Assure adequate control of signature stamps/plates; (d) Assure adequate control of negotiable instruments; and  (e) Implement procedures to insure that account balance is solvent and reconcile the account monthly. The Contractor certifies that it has identified to the County allj jobs related to the contract that have been outsourced to other countries, ifany. The Contractor further agrees that it will not outsource any such jobs during the term of Individuals and Organizations receiving federal funds must ensure compliance with certain certifications required by federal laws and regulations. The contractor is hereby complying with Certifications regarding Nondiscrimination, Drug-Free Workplace Requirements, Environmental Tobacco Smoke, Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and Lobbying. These assurances and certifications are to  12. Outsourcing to Other Countries:  this contract without providing notice to the County.  13. Federal Certifications:  be signed by the contractor's authorized representative. 14. Specific Language Not Previously Addressed: (can be delted if not needed) terms of this agreement.  15. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the The Contractor and the County have executed this contract in duplicate originals, with one original being retained by each  party. lndaavk Signature WANdA Marsh Printed Name COUNTY Signaturé Printed Name  4-26-2023 Date Title  Prognam Direchof  05/08/3033  oreyar  tonzant:  AmDontl KIRkc D. SMCTIA  to s vonuacis for Countybss)  Date Title  Commis5ION CHAIR,  This.nstrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control. Act.  Cadau Bcemgr Signature of County Finance Officer  50/23 Date  Contract-General (06/15)  Page 30 of3    GENERAL TERMS AND CONDITIONS  Relationships of the Parties  performance of this contract to the extent permitted by  law.  Independent Contractor: The Contractor is and shall be deemed to be an independent contractor in the performance of this contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with, the Subcontracting: The Contractor shall not subcontract any of the work contemplated under this contract without prior written approval from the County. Any approved subcontract shall be subject to all conditions of this contract. Only the: subcontractors specified int the contract documents are to be considered approved upon award of the contract. The County shall not be obligated to pay for any work performed by any unapproved subcontractor. The Contractor shall be responsible for the performance Assignment: No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the County may: (a) Forward the Contractor's payment check directly to any person or entity designated by the Contractor, or (b) Include any person or entity designated by Contractor as a joint payee on the Contractor's payment check. In no event shall such approval and action obligate the County to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. Beneficiaries: Except as herein specifically provided otherwise, this contract shali inure to the benefit of and be binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the County and the named Contractor. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the County and Contractor that any such person or entity, other than the County or the Contractor, receiving services or benefits under this contract shall be deemed an incidental beneficiary only.  Default and Termination  Termination Without Cause: The County may terminate this contract without cause by giving 30 days written Termination for Cause: If, through any cause, the Contractor shall fail to fulfill its obligations under this contract in a timely and proper manner, the County shall have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. int that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the County, become its property and the Contractor shall be entitied to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of the Contractor's breach of this agreement, and the County may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the County from such breach can be determined. In case of default by the Contractor, without limiting any other remedies for breach available to it, the County may procure the contract services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The filing of a petition for bankruptcy by the Contractor shall be an act of default Waiver of Default: Waiver by the County of any default or breach in compliance with the terms of this contractby the Contractor shall not be deemed a waiver of any subsequent default or breach and shall not be construed tob be modification of the terms of this contract unless stated to be such in writing, signed by an authorized representative of the County and the Contractor and Availability of Funds: The parties to this contract agree and understand that the payment of the sums specifiedi in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and sO long as itis prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Survival of Promises: All promises, requirements, terms, conditions, provisions, representations,  notice to the Contractor.  County.  of all of its subcontractors.  under this contract.  attached to the contract.  funds for this purpose to the County.  Indemnity and Insurance  Indemnification: The Contractor agrees toi indemnify and hold harmless the County, the State of North Carolina, and any of their officers, agents and employees, and Federal Government from any claims of third parties arising out of any act or omission of the Contractor in  connection with the  NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 11.01.15)    During the performance of this contract, the contractor is to notify the County contract administrator of any contact by the federal Office for Civil Rights (OCR) received by Cost Borne by Contractor: If any applicable federal, state, or local law, regulation, or rule requires the County or the Contractor to give affected persons written notice of a security breach arising out of the Contractor's performance under this contract, the Contractor shalll bear  guarantees, and warranties contained herein: shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of  the contractor.  limitation.  Intellectual Property Rights  Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this contract are the exclusive property of the County. The Contractor shall not assert a claim of copyright or other property interest in  the cost of the notice.  Oversight  such deliverables.  Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. Additionally, as the State funding authority, the Department of Health and Human Services shall have access to persons and records as a result of allcontracts or grants entered into by State agencies or political Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent of the County. State basic records retention policy requires all grant records to be retained for a minimum of fivey years or until all audit exceptions have been resolved, whichever is longer. If the contract is subject to Federal policy and regulations, record retention may be longer than five years. Records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract has been started before expiration of the five-year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five-year period described above, whichever is later. The record retention period for Temporary Assistance for Needy Families (TANF) and MEDICAID and Medical Assistance grants and programs must be retained for a minimum oft ten years.  Compliance with Applicable Laws  Compliance with Laws: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. Equal Employment Opportunity: The Contractor shall comply with all federal and State laws relating to equal Health Insurance Portability and Accountability Act (HIPAA): The Contractor agrees that, if the County determines that some or all of the activities within the scope of this contract are subject to the Healhinsurance Portability and Accountability Act of 1996, P.L. 104-91, as amended ("HIPAA"), or itsi implementing regulations, it will comply with the HIPAA requirements and will exeçute such agreements and practices as the County may  subdivisions.  employment opportunity.  require to ensure compliance.  Confidentiality  Confidentiality: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Contractor under this agreement shall bel kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the County. The Contractor acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise Data Security: The Contractor shall adopt and apply data security standards and procedures that comply with all applicable federal, state, and local laws, regulations, and Duty to Report: The Contractor shall report a suspected or confirmed security breach to the County's Contract Administrator within twenty-four (24) hours after the breach is first discovered, provided that the Contractor shall report a breach involving Social Security Administration data or Internal Revenue Service data within one (1) hour after the breach is first discovered.  provided in this contract.  rules.  NCDHHS TC1010 (General Terms and Conditions) (Local Covemmen/Ae1.09    or phrase shall be read to include the plural and vice Time of the Essence: Time is of the essence in the Key Personne!: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term "key personnel" includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates published in the applicable State rules or approved local government travel policy. International travel shall not be reimbursed under this contract. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their Advertising: The Contractor shall not use the award of this contract as a part of any news release orcommercial  Miscellaneous  versa.  Choice of Law: The validity of this contract and any ofi its terms or provisions, as well as the rights and duties of the parties to this contract, are governed by the laws of North Carolina. The Contractor, by signing this contract, agrees and submits, solely for matters concerning this Contract, tot the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this contract and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and Amendment: This contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each such provision orr requirement shall continue to be enforced to the extent iti is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this contract shall remain ini full force and effect. Headings: The Section and Paragraphneadings ini these General Terms and Conditions are not material parts of the agreement and should not be used to construe the Gender and Number: Masculine pronouns shall be read toi include feminine pronouns andi the singular of any word  performance of this contract.  enforcement shall be determined.  the County and the Contractor.  meaning thereof.  reimbursement reports. advertising.  NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 11.01.15)    ATTACHMENT B - Scope of Work Federal Tax Id. or SSN 56-2050272  Contract # 1/23-24  A. CONTRACTOR INFORMATION  1. Contractor Agency Name: Christian Healthcare Adult Daycare 2. Ifdifferent from Contract Administrator Information in General Contract:  Address  Telephone Number: 919-775-5610 Fax Number: Email: 3. Name of Program (s): Adult Daycare  4. Status:  Public  KF Private, Not for Profit  Private, For Profit  5. Contractor's Financial Reporting Year January through December B. Explanation of Services to bej provided and to whom (include SIS Service Code): Service Code 030- One month full time enrollment: upt to 8.5 FTE Service Code 250 - Transportation to and from Center C.R Rate per unit of Service (define the unit):  1.Ifs Standard Fixed Rate, Maximum Allowable, (See Rates for Services Chart) $1.50 one way, $3.00 per round trip, per day, per unit fort transportation Contingent  $33.07 per unit day, one full time enrollment up to 8.51 FTE  upon Funding 2. Negotiated County Rate. contingent upon funding D. Number of units to be provided: 8.5 FTE services provided the prior month.  County reserves to right to negotiate per unit per day rate and transportation rate  E. Details of Billing process and Time Frames; Bills are due by the 5th of the month for  F.Areat to bes served/Delivery site(s): Lee County residents who meet eligibility criteria and who  are authorized by Lee County Department of Social Services.  Warda arh (Signature of Contractor) H-26-2023 (Date Submitted)  Signature County Authorized Person) 05/00100a8 (DateSubmitted)  Contract-Scope of Work (7-2008)  Page lof1    FEDERAL CERTIFICATIONS  The undersigned states that:  1. He or she is the duly authorized representative of the Contractor named below;  2. He or she is authorized to make, and does hereby make, the following certifications on behalf of the Contractor, as set  out herein:  a. The Certification Regarding Nondiscrimination;  b. The Certification Regarding Drug-Free Workplace Requirements; The Certification Regarding Environmental Tobacco Smoke;  d. The Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered 3. He or she has completed the Certification Regarding Drug-Free Workplace Requirements by providing the addresses  Transactions; and  e. The Certification Regarding Lobbying; at which the contract work will be performed; 4. [Check the applicable statement  LI He or she has completed the attached Disclosure Of Lobbying Activities because the Contractor has made, or has an agreement to make, a payment to al lobbying entity for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a  Member of Congress in connection with a covered Federal action;  OR  He or she has not completed the attached Disclosure Of Lobbying Activities because the Contractor has not made, and has no agreement to make, any payment to any lobbying entity for influencing or attempting to influence any officer or employee of any agency, any Member of Congress, any officer or employee of Congress,  or any employee of a Member of Congress in connection with a covered Federal action. 5. The Contractor shall require its subcontractors, if any, to make the same certifications and disclosure.  Wandlaok  Prognan Airector Title 4-26-2033 Date  Signature  Chashiaelea!hcar Adult Daycare  Contractor Name  [This Certification Must be Signed by the Same Individual Who Signed the Proposal Execution Page]  Certification Regarding Nondiscrimination  The Contractor certifies that it will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $$1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. $$6101-6107). which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Title VII of the Civil Rights Act of 1968 (42 U.S.C. $$3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) the Food Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political beliefs; and (i)  the requirements of any other nondiscrimination statutes which may apply to this Agreement.    II. Certification Regarding Drug-Free Workplace Requirements  1. The Contractor certifies that it will provide a drug-free workplace by:  a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be  taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: The dangers of drug abuse in the workplace; i. The Contractor's policy of maintaining a drug-free workplace;  ii. Any available drug counseling, rehabilitation, and employee assistance programs; and  iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee be engaged in the performance of the agreement be given a copy of d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the  the statement required by paragraph (a); agreement, the employee will:  Abide by the terms of the statement; and than five days after such conviction; otherwise receiving actual notice of such conviction; any employee who is sO convicted: termination; or agency; and (a).(b).(c).(d), (e), and (f). add additional pages if necessary):  . Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later e. Notifying the Department within ten days after receiving notice under subparagraph (d)(i) from an employee or Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(i), with respect to Taking appropriate personnel action against such an employee, up to and including ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate 9. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 2. The sites for the performance of work done in connection with the specific agreement are listed below (list all sites;  Address Street  507B Novth Stecke Street City, State, Zip Code SANford N.C. 27330  Street  City, State, Zip Code    3. Contractor will inform the Department of any additional sites for performance of work under this agreement. 4. False certification or violation of the certification may be grounds for suspension of payment, suspension or termination of grants, or government-wide Federal suspension or debarment. 45 C.F.R. 82.510.  IlI. Certification Regarding Environmental Tobacco Smoke  Public Law 103-227, Part C-Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure too comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000.00 per day The Contractor certifies that it will comply with the requirements of the Act. The Contractor further agrees that it will require the language of this certification be included in any subawards that contain provisions for children's services and IV. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier  and/or the imposition of an administrative compliance order on the responsible entity.  that all subgrantees shali certify accordingly.  Covered Transactions Instructions  [The phrase prospective lower tier participant" means the Contractor.  1. By signing and submitting this document, the prospective lower tier participant is providing the certification set out 2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. Ifiti is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originate may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant will provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," participant," "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 45 CFR Part 76. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation in this covered transaction 6. The prospective lower tier participant further agrees by submitting this document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility ofi its principals. Each participant may, but is not required to, check the Nonprocurement List.  below.  or has become erroneous by reason of changed circumstances.  regulations.  unless authorized by the department or agency with which this transaction originated.  transactions.    8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,  including suspension, and/or debarment.  Certification  1. The prospective lower tier participant certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such  int this transaction by any Federal department or agency. prospective participant shall attach an explanation to this proposal.  V. Certification Regarding Lobbying  The Contractor certifies, to the best of his or her knowledge and belief, that:  1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative 2.Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form SF-LLL, Disclosure of Lobbying 3. The undersigned shall require that the language of this certification be included in the award document for subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) who receive federal funds of $100,000.00 or more and that all subrecipients shall certify and disciose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil  agreement.  Activities," in accordance with its instructions.  penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure.  VI. Disclosure Of Lobbying Activities  Instructions  This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of  Management and Budget for additional information.    Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome  ofa covered Federal action.  1. Identify the status of the covered Federal action.  2. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last 3. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub- award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards 4. Ift the organization filing the report in Item 4 checks Subawardee", then enter the full name, address, city, state and 5. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 6. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan 7. Enter the most appropriate Federal Identifying number available for the Federal action identified in Item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant, or loan award number, the application/proposa control number assigned by the Federal agency). Include prefixes, 8. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the 9. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last 10. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be 11. Check the appropriate boxes. Check all boxes that apply. If payment is made through an in-kind contribution, specify  previously submitted report by this reporting entity for this covered Federal action.  include but are not limited to subcontracts, subgrants and contract awards under grants. zip code of the prime Federal recipient. Include Congressional District, if known.  commitments.  9.'RFP-DE-90.001  Federal amount of the award/loan commitment for the prime entity identified in Item 4 or 5.  identified in Item 41 to influence the covered Federal action. Name, First Name and Middle Initial (MI).  made.  the nature and value of the in-kind payment.  12. Check the appropriate boxes. Check all boxes that apply. Ifother, specify nature.  13. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s),  employee(s), or Member(s) of Congress that were contacted. 14. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.  15. The certifying official shall sign and date the form, print his/her name, title, and telephone number.  Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and  Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503    Disclosure Of Lobbying Activities (Approved by OMB 0344-0046)  Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352  1. Type of Federal Action: a. contract b. grant C. cooperative agreement d. loan e. loan guarantee . loan insurance  2. Status of Federal Action: a. Bidlofferlapplication b. Initial Award C. Post-Award  3. Report Type: a. initial filing b. material change For Material Change Only: Year Date OfLast Report:_  Quarter  4. Name and Address of Reporting Entity: Subawardee Tier (if known) Congressional District (if known). 6. Federal DepartmentAgency: 8. Federal Action Number (if known) 10.a. Name and Address of Lobbying Entity (ifindividual, last name, first name, MI): (altach Continuation Sheet(s) SF-LLL-A, necessary) 11, Amount of Payment (check allt that apply): $ 12. Form of Payment (check all that apply): a. cash b.I In-kind; specify: Nature  5. IfF Reporting Entity in No. 41 is Subawardee, Enter Name  and. Address of Prime: Congressional District (if known). 7. Federal Program Name/Description: CFDA Number (if applicable). 9. Award Amount (if known) $  Prime  b. Individuals Performing Services (including address if different from No. 10a.) (last name, first name, MI): (attach Continuation Sheet(s) SF-LLL-A, ifnecessary)  13. Type of Payment (check all that apply):  actual planned  a. retainer b, one-time fee commission d. contingent fee e. deferred other; specify:  Value  14. Brief Description of Services Performed or tol be Performed. and Date(s) of Services, including officer(s), employee(s), or Member(s) contacted, for Payment Indicatedi in Item 11(altach Continuation Sheet(s) SF-LLL-A, ifnecessary):  15. Continuation Sheet(s) SF-LLL-A attached:  Yes  No  16. information requested through this form is authorized by Signature: title 31 U. S. C. section 1352. This disclosure of lobbying activities is ar material representation off fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U. S.C. 1352. This information will be reported to the Congress semi-annually and willl be available forp publici inspection. Any person whoi fails to file the required disclosure shall be subject to a civil penalty of not! less than $10,000 and not more than $100,0001 for each  Print Name: Title: Telephone No:  Date:.  such failure. Federal Use Only  Authorized for Local Reproduction Standard Form LLL    Contract # 1/23-24  Christian Healtheare. Adult Daycare  ATTACHMENT  CERTIFICATION REGARDING TRANSPORTATION Lee County Department ofs Social Services/FHluman Services  By execution oft this Agreement the Contractor certifies that it will provide safe client  transportation by:  1. Insuring that all drivers (including employees, contractors, contractor's employees, and 2. Insuring that all drivers (including employees, contractors, contractor's employees, and volunteers) shall be licensed to operate the specific vehicle used in transporting clients in accordance with Chapter 20-7 oft the General Statutes ofl North Carolina and the Division 3. Insuring, that all vehicles transporting clients shall have at least the minimum level of liability insurance appropriate for the type ofvehicle as defined by Article 7, Rule R2-36 4. Insuring that the contractor shall have written policies and procedures regarding how drivers handle and report client emergencies and/or vehicle crashes involving clients to contractor and how contractor notifies the Lee County Department of Social Services; 5. Insuring that no more than one quarter of one percent ofall trips be missed by the contractor during the course ofthe contract period; (Medicaid only) 6. Insuring that that no more than five percent (5%) oft trips should be late for recipient drop 7. Contractor will maintain records documenting the following (County may require b.Current valid Vehicle Registration, for all vehicles transporting clients; C.D Driving records for all drivers for the past three years and with annual updates; d. Criminal Background checks through North Carolina Law Enforcement or NCIC e.A Alcohol and Drug Testing policy to meet the Federal Transit Authority guidelines. 8. Disclosing, at the outset of the contract, upon renewal and upon request, any criminal convictions or other reasons for disqualifications from participation inl Medicare, Medicaid or Title XX programs (signature on this form confirms this statement).  volunteers) shall be at least 18 years of age;  ofMotor Vehicle requirements;  ofthe North Carolina Utilities Commission;  off to their appointment per month; (Medicaidonly)  contractor to, provide):  a. Valid current copies ofDrivers License for all drivers; prior to employment and every three years thereafter;  Mhrdk  BogaenDirecter  Signature  Title Date  haalallaler  4-26-2023  Agency/Organization  (Certification signature should be same as Contract signature.)  Transportation Certification (06-2015)  Page 1of1    ATTACHMENT K  What is al Private Non Profit Agency?  Answer: A private non profit is an organization that is incorporated under State law and whose purpose is not to make a profit, but rather to further a charitable, civic, religious, scientific, or other lawful purpose. The Secretary of State's office grants corporate status to organizations in North Carolina.  What is a 501(c)(3) designation?  Answer: When the agency becomes a state private non profit corporation, it can then apply for 501(c)(3) designation through the IRS. Once the IRS grants 501(c)(3) status, the organization is exempt from certain taxes and any donations to the charitable organization are tax deductible. Many individuals and  organizations prefer to make donations to 501(c)(3) private non profits.  Who can obtain a! 501(c)(3) designation? focuses on the non profit's objective.  Answer: Any organization or group can apply for 501(c)(3) status, provided their charter or mission Another option is to apply for a 509(a)(1) status which falls under the 501(c)(3) umbrella. Being a 509(a)(1) designates an organization as a tax-free public charity that receives most of its support from a governmental unit or from the general public. Becoming a 509(a)(1) provides public recognition of tax- exempt status, advance assurance to donors of deductibility of contributions, exemption from certain State and federal taxes, and non profit mailing privileges. Organizations that typically qualify are  churches, educational institutions, hospitals, and governmental units. How does a Private Non Profit obtain Tax Exempt Status?  EO Web Site [ANs qoo] IRSTE/GE Customer Service  You may direct technical and procedural questions concerning charities and other nonprofit organizations, including questions about your tax-exempt status and tax liability, to the IRS Tax Exempt and Government Entities Customer Account Services at (877)8 829-5500 (toll-free number).  If you prefer to write, you may write at: Internal Revenue Service Exempt Organizations Determinations P.O. Box 2508 Cincinnati, OH 45201  You may also contact the Aayer A4S 7. Serss, an independent organization within the IRS that helps taxpayers resolve problems with the IRS and recommends changes that will prevent problems. Ap private non profit must apply to the IRS for tax exempt status. To qualify, applicants must complete and submit to the IRS Form 1023. Once federal tax exempt status is granted, the private non profit applies for State tax exempt status by completing Form CD-435 and submitting it to the N. C. Department of  Revenue.  What must a County Department of Social Services/Human Services do?  Answer: Verify the Tax Exempt Letter. Check date for expiration and check if current address of agency  is reflected. Revised 06-2015    State Grant Certification = No Overdue Tax Debts  Instructions: Grantee/Contractor should complete this certification for all state funds received. Entity should  enter appropriate data in the yellow highlighted areas. The completed and signed form should be provided to the state agency funding the grant to be attached to the contract fort the grant funds. A copy oft this form, along with the completed contract, should be kept by thei funding agency and  available for review by the Office of State Budget and Management.  Note: I or hare uI comract that extends more than one NILIE, fiscal jean, vou mill need 10 obtuin an updated certificution, for  cach, arof the contract.  Date of Certification  To: State. Agency Head and Chief Fiscal Officer  Certification:  Maycane  We certify that thel ChvtasfE not have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at the federal, State, or local level. We further understand that any person who makes at false statement in violation of N.C.G.S.1 143C-6-23(c) is guilty of a criminal offense  punishable as provided by N.C.G.S.) 143C-10-1b. RagiagldMArsk WandAMArsk  Sworn Statement:  [Name of Board Chair) and [Name of Second Authorizing Official) being duly sworn, say that we are the Board Chair and [Title of the Second. Authorizing Official), respectively, of [insert name of Chpishint ealthcare organization] of [City] in the State of [Name of State); and that the foregoing certification is true, Ady-Daycare accurate and complete to the best of our knowledge and was made and subscribed by us. We also acknowledge and understand that any misuse of State funds wiwwtierd to the appropriate  authorities for further action.  6 ALb AAsL Title of Secong Authgrizing Official) Progrom Direcier  ta  Publio  MPES My Commission  Sworn to and subscribed before me on the day of the date  4-26-3 ExpiesB134  hiln lemkad (Notary Signature and Sealy  Ifthere are any questions, please contact the state agency that provided your grant. lfr needed, you may contact the North 'G.S. 105-243.1 defines: Overdue tax debt. Any part ofa at tax debtt that remains unpaid 90 days or more: after the notice off final assessment was mailed to the taxpayer. The term does not include. a tax debt, however, if the taxpayer entered inlo ani installment agreement: for thet tax debt under G.S. 105-237 within 90 days after the notice of final assessment was mailed and has not failed to make any payments due under thei installment  Carolina Office of State Budget and Management: NCGrantis@osbm.ncg0V979.8074795  agreement.  Page 1of1  MS&NCD Form 0008 Eff. July1,2005 Revised July 18, 2006,7707,809,9h1    CONFLICT OF INTEREST ACKNOWLEDGEMENT AND POLICY  State of NC County. that  Lee  Larlisa Cox-McLeod  Notary Public for said County and State, certify  Remaldl Marsh + Wanda Marsh personally appeared before me this day and  Cacknowledged  that he/she is Doard chair*scumaAMA.RS ChetahAncallhcar. Adutt Doycare  [name of Organization)  and by that authority duly given and as the act of the Organization, affirmed that thet foregoing Conflict of Interest Policy was adopted by the Board of Directors/Trustees or other governing body in a meeting held  ont the 26 day of April 2035  Sworn to and subscribed before me this 226 day of Apeil  6043 co grission  vepu ubl Publlo .Cav TCIN s  Lw  bmia0 (Official Seal)  My Commission expires 8-10 Instruction for Organization:  284  Sign and attach the following pages after adopted by the Board of Directors/frustees or other governing body OR replace the following with the current adopted conflict ofi interest policy.  CheishAn Halhcar Adwl  Name of  Daycare  Organization  RignesMak hschauh  Signature of Organization Official  NCDHHS COI1015 (Rev. 4/11)    Conflict of Interest Policy Example  The Board of Directors/Trustees or other governing persons, officers, employees or agents are to avoid any conflict of interest, even the appearance of a conflict of interest. The Organization's Board of Directors/Trustees or other governing body, officers, staff and agents are obligated to always act in the best interest of the organization. This obligation requires that any Board member or other governing person, officer, employee or agent, in the performance of Organization duties, seek only the furtherance ofti the Organization mission. At all times, Board members or other governing persons, officers, employees or agents, are prohibited from using their job title, the Organization's name or property, for private profit or A. The Board members or other governing persons, officers, employees, or agents of the Organization should neither solicit nor accept gratuities, favors, or anything of monetary value from current or potential contractorslvendors, persons receiving benefits from the Organization or persons who may benefit from the actions of any Board member or other governing person, officer, employee or agent. This is not B. A Board or other governing body member may, with the approval of Board or other governing body, receive honoraria for lectures and other such activities while not acting in any official capacity for the Organization. Officers may, with the approval of the Board or other governing body, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay. Employees may, with the prior written approval of their supervisor, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay. If a Board or other governing body member, officer, employee or agent is acting in any official capacity, honoraria received in connection with activities relating to the Organization are to be paid C. No Board member or other governing person, officer, employee, or agent of the Organization shall participate in the selection, award, or administration of a purchase or contract with a vendor where, to his knowledge, any oft the following has a financial interest in that purchase or contract: 1. The Board member or other governing person, officer, employee, or agent; 2. Any member of their family by whole or half blood, step or personal relationship or relative-in-law; 3. An organization in which any oft the above is an officer, director, or employee; 4. A person or organization with whom any of the above individuals is negotiating or has any arrangement concerning prospective employment or contracts. D. Duty to Disclosure = Any conflict of interest, potential conflict of interest, or the appearance of a conflict of interest is to be reported to the Board or other governing body or one's supervisor immediately. E.Board Action - When a conflict of interest is relevant to a matter requiring action by the Board of Directors/Trustees or other governing body, the Board member or other governing person, officer, employee, or agent (person(s)) must disclose the existence of the conflict of interest and be given the opportunity to disclose all material facts to the Board and members of committees with governing board delegated powers considering the possible conflict of interest. After disclosure of all material facts, and after any discussion with the person, he/she shall leave the governing board or committee meeting while the determination of a conflict ofi interest is discussed and voted upon, The remaining board or committee Ina addition, the person(s) shall not participate in the final deliberation or decision regarding the matter under consideration and shall leave the meeting during the discussion of and vote oft the Board of F.V Violations of the Conflicts of Interest Policy : If the Board of Directors/Trustees or other governing body has reasonable cause to believe a member, officer, employee or agent has failed to disclose actual or possible conflicts of interest, it shall inform the person of the basis for such belief and afford the person an opportunity to explain the alleged failure to disclose. If, after hearing the person's response and after making further investigation as warranted by the circumstances, the Board of Directors/Trustees or other governing body determines the member, officer, employee or agent has failed to disclose an actual or  benefit.  intended to preclude bona-fide Organization fund raising-activities.  to the Organization.  members shall decide if a conflict of interest exists. Directors/Trustees or other governing body.  possible conflict of interest, it shall take appropriate disciplinary and corrective action.  NÇDHHS COII015 (Rev.4/11)    G. Record of Conflict - The minutes of the governing board and all committees with board delegated 1. The names of the persons who disclosed or otherwise were found to have an actual or possible conflict of interest, the nature of the conflict of interest, any action taken to determine whether a conflict of interest was present, and the governing board's or committee's decision as to whether 2. The names of the persons who were present for discussions and votes relating to the transaction or arrangement that presents a possible conflict of interest, the content of the discussion, including any alternatives to the transaction or arrangement, and a record of any votes taken in  powers shall contain:  aconflict of interest in fact existed. connection with the proceedings.  Approved by:  ContractorName#: N-drlyer  Name of Organization Mararsk Signature of Organization Official 4-26-2023 Date  NCDHHS COI1015 (Rev.4/11)    State Certifications  Contractor Certifications Required by North Carolina Law  Instructions: Thep person who signs this document. should read thet text of the statutes and Executive Order listed below and consult with counsel and other knowledgeable persons before signing. Thet text of each North Carolina General Statutes and of the Executive Article 2 ofChapter 64: P-NISARGNSIRKISRS EnactelLeginlation: Statutes rDByArisleChaper 64/Article-2.pif Executive Order No. 24 (Perdue, Gov., Oct. 1,2 2009): hm:ecthisscemision.ne.govl librarypdis. Laws/ E024.pdf G.S. 105-164.8(b): tPsAgNaNSAcUe RISNA.auRSIDEBSIINNE 105-4S_105-1spir G.S. 143-48.5: hup: MMIEANgatalSIsI naciedl. egislation SINLBSsINCNnN 143:GS 143-48.5.htm! G.S. 143-59.1: Hup-assassasiRsasieiNfstasasaNeSwNiwChamsL 143/GS 143-59.1.pdf G.S.143-59.2: http: wnnggasfalene.uefmastauleylatianHhmmSmus-PDBySectiw/Chanler. 143/GS 143-59.2.pdf G.S.143-133.3: htp: voengpaswisnsINlleyiwltim: NILBSstNiN. 143/GS 143-133.3.htm! G.S. 143B-139.6C: PengasiRIclsiiatie. SDEDSAtsCass 143B/GS 143B-139.6C.ndf  Order can be: found online at:  G.S. 133-32: hitp: ngRatilengs vascripis statutes mdaumasiels  Certifications  (1) Pursuant to G.S. 133-32 and Executive Order No. 24 (Perdue, Gov., Oct. 1, 2009), the undersigned hereby certifies that the Contractor named below is in compliance with, and has not violated, the provisions of either said statute or Executive Order. undersigned hereby certifies that the Contractor named below, and the Contractor's subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system." E- Verify System Link: www.uscis.goy (3) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below is not an "ineligible Contractor" as set forth in G.S. 143-59.1(a) (a) Neither the Contractor nor any ofi its affiliates has delivered tol North Carolina when the sales met one Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a "tax haven country" as set forth in G.S. 143- 59.1(c)(2) after December 31, 2001; or OThe Contractor or one of its affiliates has incorporated or reincorporated in a "tax haven  country" as set forth in G.S. 143-59.1(c)(2). after December 31, 2001 but the United States is not the principal market for the public trading ofthe stock of the corporation incorporated in the tax  haven country.  (2) Pursuant to G.S. 143-48.5 and G.S. 143-133.3, the (4) Pursuant to G.S. 143-59.2(b), the undersigned hereby  certifies that none ofthe Contractor's officers, directors, or owners (if the Contractor is an unincorporated business entity) has been convicted of any violation of Chapter 78Aofthe General Statutes or the Securities Act of 1933 or the Securities Exchange Act of 1934 within 10 years immediately prior to the date of the bid (5) Pursuant to G.S.143B-139.6C, the undersigned hereby certifies that the Contractor will not use a former employee, as defined by G.S. 143B-139.6C()2). of the North Carolina Department ofHealth and Human Services in the administration of a contract with the Department in violation ofG.S. 143B-139.6C and that (a) He or she is a duly authorized representative oft the (b) He or she is authorized to make, and does hereby make, the foregoing certifications on behalfoft the (c) He or she understands that any person who knowingly submits a false certification in response tot the requirements ofG.S. 143-59.land-59.2 shall  solicitation.  because:  refused to collect the use tax levied under Article 5 aviolation oft that statute shall void the Agreement. of Chapter 105 oft the General Statutes on its sales (6) The undersigned hereby certifies further that:  conditions  ori more ofthe  ofG.S. 105-164.8(b); and  Contractor named below; Contractor; and  (b) [check one oft the following boxes]  be guilty ofa Class If felony.  Contractor's Name: Christial Healthcare Adult Daycane  Contractor's  Authorized Agent: Signature Hhrckack  Date_ 4-26-2023 Date 4-26-20x3  Printed Name WAndA MArsh Signalure Ryhlik 2h1B  Title_ Program Director  Witness:  Printed Name Resinslk Victor Merih,sh Tile_ Activiticc Dirctor  The witness should be present when the Contractor's. Authorized. Agent signs this certification and should sign and date this  document immediately thereafter.  Contractor Certilications Required bv North Carolinal Law (Rev. 8/2016)  Page I ofl    Contract F (Contractor)  ATTACHMENT N  Lee County Department of Social Services/Human Services  CERTIFICATION REGARDING NONDISCKIMINATION. CLEAN AIR ACT,  CLEAN WATER ACT  Certification Regarding Nondiserimination  The Contractor certifies that it will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI oft the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. SS1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. $$6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. S$3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) the Food Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political beliefs; and () the requirements of any other nondiscrimination statutes which may apply to this Agreement. The Contractor must comply with Executive Order 11246, entitled "Equal Employment Opportunity,' as amended by Executive Order 11375, and as supplemented by the Department of Labor Regulations (41 CFR Part 60): The Executive Order prohibits federal contractors and federally-assisted construction contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of Meaningful, Access for LEP Individuals: The Contractor that participate in the SNAP must take reasonable steps to ensure that LEP persons have meaningful access to programs, services, and benefits. This includes the requirement to provide bilingual program information and certification materials and interpretation services to single language minorities in certain project areas. SNAP Contractors that do not provide meaningful access for LEP individuals risk violating prohibitions against discrimination based on National Origin ini the Food and Nutrition Act of 2008, as amended, Title VI of the Civil Rights Act of 1964 (Title VI) and SNAP program regulations at7 CFR272A(b). They also risk noncompliance with the USDA policy guidance titled, 'Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons", published in 79 FR70771 - 70784 The Contractor should develop an implementing plan to address the language assistance needs of the LEP population served. This may include contracting for oral interpretation services, hiring bilingual staff, arranging telephone interpreters and/or language lines, coordinating community volunteers, translating vital documents, and providing written notice that language services are available in appropriate languages. Quality and accuracy of the language service is critical in order to avoid serious consequences to the LEP person and to the recipient. LEP needs should be considered in developing budgets and front line staff should understand how to obtain language assistance services. For additional assistance and information regarding LEP matters,  their employment.  (November 28, 2014).  please also visit Itipwww. lepyov.  (Federal Certification-Non-Discrimination, Clean Air, Clean Water) (01/2018)Page 1of3    Contract # (Contractor)  Ensuring Equal Opportunity Access for Persons with Disabilities: The Contractor must also ensure equal opportunity access for persons with disabilities. This includes ensuring that communications with applicants, participants, members oft the public, and companions with disabilities are as effective as communications with people without disabilities. Contractors that do not provide persons with disabilities equal opportunity access to programs may risk violating prohibitions against disability discrimination in the Rehabilitation Act of 1978, the American with Disabilities Act (ADA) of 1990, as amended, and SNAP program regulations. DOJ published revised final regulations implementing Title Ha and Title III oft the ADA on September 15, 2010. These regulations are codified at 28 CFR Part 35' Nondiscrimination on the Basis of Disability in State and Local Government Services" and at 28 CFR Part 36 "Nondiscrimination on the Basis of Disability in Public. Accommodations: and Commercial Facilities". In accordance with the implementing regulations, Contractors must provide auxiliary aids and services where necessary to ensure effective communication and equal opportunity access to program benefits for individuals with disabilities. The type of auxiliary aids and services required will vary, but a Contractor may not require an individual with a disability to bring another individual to interpret, and may rely on a person accompanying a disabled individual only in limited circumstances. When a Contractor communicates with applicants and beneficiaries by telephone, it must provide text telephone services (ITY) or have access to an equally effective electronic telecommunications system to communicate with individuals who are deaf, hard of hearing, or hearing impaired. Contractors must also ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. For more information, please visit the ADA website:  nttp./www.ada.gov.  IV. The Clean Air Act, Section 306; 42 U.S.C. $7401 et seq. (1970) a. No Federal agency may enteri into any contract with any person who is convicted of any offense under section 113(c) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under section 113(c)(2), the condition giving rise to the conviction also shall be considered to include any substantive violation of this Act associated with the violation of 113(c)(2). The Administrator may extend this prohibition to other facilities owned or b. The Administrator shall establish procedures to provide all Federal agencies with the Ino order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's air, the President shall, not more than 180 days after enactment of the Clean. Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency whichi is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President d. The President may exempt any contract, loan, or grant from all or part oft the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. e. The President shall annually report to the Congress on measures taken toward implementing the purpose and intent oft this section, including but not limited to the progress and problems associated with implementation of this section. [42 U.S.C. 7606] (Federal Certification-Non-Discrimination, Clean Air, Clean Water) (01/2018)Page 2 of3  operated by the convicted person.  notification necessary for the purposes of subsection (a).  determines necessary to carry out such requirement.    Contract * (Contractor)  V.T The Clean Water Act; 33 U.S.C. $1251 et seq. (1972)  a. No Federal agency may enter into any contract with any person who has been convicted of any offense under Section 309(c) oft this Act fort the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and ifs such facility is owned, leased, or supervised by such person. The prohibition in preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been b. The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section. Inordert to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's water, the President shall, not more than 180 days after the () requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance (i)s setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement. d. The President may exempt any contract, loan, or grant from all or part oft the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. e. The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and No certification by a contractor, and no contract clause, may be required in the case ofa contract for the acquisition of commercial items in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of Inp paragraph(1), the term "commercial item" has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).  corrected.  enactment of this Act, cause to be issued an order:  activities, and  problems associated with such compliance.  this section.  laidk Signature  Director  ropran  doalalhanlathen 4-26-2623  Agency/Organization  Date  (Certification signature should be same as Contract signature.)  (Federal Certification-Non-Discrimination, Clean Air, Clean Water) (01/2018)Page3of3    The County of Lee North Carolina  Vendor/Contractor Name:  IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59  As of the date listed below, the Vendor/Contractor listed above certifies that they are not on the Iran Final Divestment List ("List") created by the North Carolina State Treasurer persuant to N.C.G.S. 147-86.58.  Contractor/Vendor shall not utilize any subcontractor that is identified on the list.  E-VERIFY CERTIFICATION  REQUIRED BY N.C.G.S. 143-48.5 & 147-33.95(9)  As of the date listed below, the Vendor/Contractor listed above and all Vendor/Contractors subcontractors certify that they are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. The undersigned hereby certifies that he/she is authorized by the entity listed above to make the foregoing  statement.  Wandahak Signature WAndA MArsh Printed Name  4-26-2023 Program Directof  Date Printed Title    CONTRACT PROVIDER NAME: CkritiauHealhcar Adult Daycane  CONTRACT NUMBER: PROVIDER'S FISCAL YEAR:  CONTRACT PERIOD: Sw12023-Txe 30 2024  Jonurarg' 2023-Dectahr3  2023  CONTRACT DETERMINATION QUESTIONNAIRE (PURCHASE OF SERVICE VS. FINANCIAL ASSISTANCE)  Instructions: Enter 5j points for each factor in either the yes or no column. Once the entire list has been completed tally the points in each column. The column with the most points should be a good indicator of the designation of  the organization-either. Financial Assistance (Grant) or Vendor (Purchase of Service).  5p points 5p points Financial Purchase Assistance of Service YES  Determination Factors  NO  1 Does the provider determine eligibility? procedures and rules?  2 Does the provider provide administrative functions such as Develop program standards 3 Does the provider provide administrative functions such as Program Planning? 4 Does the provider provide administrative functions such as Monitoring? 5 Does the provider provide administrative functions such as Program Evaluation? 6 Does the provider provide administrative functions such as Program Compliance? 7 Isp provider performance measured against whether specific objectives are met? 8 Does the provided have responsibility for programmatic decision making?  9 Is the provider objective to carry out a public purpose to support an overall program objective? 10 Does the provider have to submit a cost report to satisfy a cost reimbursement arrangement? 11 Does the provider have any obligation to thet funding authority other than the delivery oft the 13 Does the provider provide these or similar goods and/or services only to the funding agency? 14 Does the provide these or similar goods and/or services outside normal business operations? Note: The authorized individuai(s) must place an Xi in one of the boxes below to indicate the type of contractual arrangement for this contract, then sign and date where indicated.  specified goods/services?  12 Does the provider operate in a noncompetitive environment?  TOTAL  0  0  FINANCIAL ASSISTANCE  PURCHASE SERVICE  Signature of Authorized Programmatic Individual AAlnO  DATE  5//2023 DATE  Individual  Revised effective 7-1-2013  page 1    CAPITAL AREA WORKFORCE DEVELOPMENT CONSORTIUM  AGREEMENT  ARTICLEI. TITLE. AND PURPOSE  The contiguous units of local government listed below agree to establish a consortium to act jointly as a local Workforce Development Area under the Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128 as enacted July 22, 2014. This consortium  shall be known as the Capital Area Workforce Development.  ARTICLEIL. MEMBERSHIP  The Consortium shall be composed of the following independent and contiguous units of  general-purpose local government: County of Wake County of. Johnston County ofLee County of Chatham County of Orange  ARTICLEIH. CERTIFICATION OF AUTHORITY  1.  AUTHORITY UNDER STATE ANDLOCALLAW  The member units of government certify that they possess full legal authority, as provided by state and local law, to enter into this agreement and to fulfill the legal and financial requirements of operating as a local Workforce Development Area under the Workforce Innovation and Opportunity Act for the entire geographic  area covered by this agreement.  2.  SPECIFIC: RESOLUTIONS TO: ENTER INTO AGREEMENT  A copy of each duly executed resolution giving the respective counties specific authority to enter into this consortium agreement willl be attached to this document DESIGNATION OF CHIEF ELECTED OFFICIALS FROM EACH MEMBER Each member unit of government designates as chief elected official for Workforce Innovation and Opportunity Act purposes, upon whose representations the State, the Workforce Development Board, the administrative entity, and the other member units may rely, the duly elected Chairman of each respective County Board of Commissioners. Such person shall be the signatory ofthis agreement: and shall be authorized to execute such other agreements as are necessary for  and are incorporated. herein by reference (optional).  3.  UNIOFGOVERNMENT  Workforce innovation and Opportunity Act purposes.  4.  DESIGNATION OF CHIEF ELECTED OFFICIAL: FORI LOCAL WORKFORCE  DEVELOPMENT AREA  5/01/2023    CAPITAL AREA WORKFORCE DEVELOPMENT CONSORTIUM  AGREEMENT  The member units provide that the Chairman of the Wake County Board of Commissioners shall be authorized to exercise the functions oft the local area chief elected official which are required under the Workforce Innovation and  Opportunity. Act.  ARTICLEIV. DURATION  This agreement will become effective on July 1, 2023 or the date of the last chief elected official's signature (whichever is the later date) and shall continue in effect until the local Workforce Development Area is re-designated by the Governor of North Carolina or by termination of this Agreement by a member unit of government as provided for in Article  XI.  ARTICLE V. ASSURANCES AND CERTIFICATIONS  The member units will comply with the requirements of the Workforce Innovation and Opportunity Act, and regulations promulgated thereunder, all other applicable federal regulations, the statutes of the State of North Carolina, and written directives and instructions relevant to local workforce development area operation from the Governor of  North Carolina or his/her designee.  ARTICLE VI. FINANCING  1. 2.  Itis anticipated that funding necessary to implement this agreement will be derived The units of local government acknowledge that they are jointly and severally accountable for liabilities arising out of activities under the Workforce Innovation and Opportunity Act, and all funds received by the local workforce development area pursuant to WIOA. Liability includes, but is not limited to, responsibility for prompt repayment from non-program funds of any disallowed costs by the administrative entity of the local workforce development area, or any of its sub- recipients or contractors, or the Workforce Development Board. 3. Any entity or joint agency created or designated by this local workforce development area, including the Workforce Development Board, and Administrative Entity, shall be considered a public agency for the purposes of the  from federal grant funds received through the Governor.  Local Government Budget and Fiscal Control. Act.  ARTICLE VII. ESTABLISHMENT OF A WORKFORCE DEVELOPMENT BOARD  The member units of government agree that the Workforce Development Board shall be established in accordance with Section 107 of the Workforce Innovation and Opportunity Act and applicable State ofNorth Carolina laws including G.S. 143B-438.11. The Chief Elected Official, as noted in Article II. 4., shall appoint members of the Workforce Development Board from among persons nominated in accordance with the  Workforce Innovation and Opportunity Act.  5/01/2023    CAPITAL AREA WORKFORCE DEVELOPMENT CONSORTIUM  AGREEMENT  ARTICLE VII. APPOINTMENT OFI PERSONNEL  Appointment of personnel shall follow the Wake County Government hiring and  recruitment process for regular full-time staff.  ARTICLE. - IX. REALPROPERIY,EQUIPMENT AND SUPPLIES  The Capital Area Workforce Development Consortium will follow all Workforce Innovation and Opportunity Act requirements governing the title, use and disposition of  real property, equipment and supplies purchased with federal funds,  ARTICLEX. AMENDMENTS  The agreement may be amended at any time upon the consent of all the parties as evidenced by resolution of the governing bodies of each member government and as  approved by the State. ARTICLE XI. TERMINATION  The parties to this agreement may request termination at any time upon six months prior written notice, such termination to be effective when the Governor considers local Workforce Development Area re-designations or at the end of the then current grant  administration agreement program year.  (Signature)  Date  R.S. Lawter,Jr. Chairman,  ATTEST  Johnston County Board of Commissioners Susose  2May2023 Date  (Signature)  Shinica Thomas Chairman,  Fon e AYTEST  Lhel  Wake County Board of Commissioners  (Signature)  Date  5/01/2023    CAPITAL AREA WORKFORCE DEVELOPMENT CONSORTIUM  AGREEMENT  VL Ondsroslebas  (Signature)  Daté  nily ATTEST  Kirk D.Smith Chairman,  AE B ag  Lee County Board of Commissioners  R  (Signature)  Date  Karen Howard Chairman,  ATTEST  Chatham County Board of Commissioners  (Signature)  Date  Jamezetta Bedford Chairman,  ATTEST  Orange County Board of Commissioners  (Signature)  Date  5/01/2023    Contract # 123-24 Fiscal Year Begins July 1, 2023 Ends June 30, 2024  This contract is hereby enteredi into by and betweent the Lee County! Department of Social Services (the' County")and COLTS (the "Contractor") (referred to collectively as the "Parties"). The Contractor's federal tax identification number or Social  Security Number is and DUNS Number (requiredi iff funding from at federal funding source). 1. Contract Documents: This Contract consists of the following documents: (2) The General Terms and Conditions (Attachment. A) (3) The Scope of Work, description of serviçes, and rate (Attachment B) (4) Combined Federal Certifications (Attachment C) (5) Conflict of Interest Policy (Attachment D) (6) No Overdue Taxes (Attachment E) (8) Certification of Transportation (Attachment J) (10)Certain Reporting and Auditing Requirements (Attachment L) (11)State Certification (Attachment M) (12)Attachment! N- Non-Discrimination, Clean Air, Clean Water (16) Contract Determination Questionnaire (required)  (1) This contract  (7) lapplicable, HIPAA Business Associate Addendum (checklist and forms) (Attachment I)  (9) lfapplicable, IRS federal tax exempt letler or 501(c)3 (Attachment K)! htp/www.irs.govlubit-l1023pdf  These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements 2. Precedence among Contract Documents: In the event of a çonflict between or among the terms of the Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first-listed document having the highest precedence and the last-listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment shall have thel highest precedençe and the oldest amendment shall have the 3. Effective Period: This contract shall be effective on July 1, 2023 and shall terminate on June 30, 2024.  ora agreements.  lowest precedence.  This contract must be twelve months or less. Attachment B, Scope of Work.  4. Contractor's Duties: The Contractor shallp provide the services andi in accordance with the: approvedr rate as describedin 5. County's Duties: The County shall pay the Contractor in the manner and in the amounts specified in the Contract Documents. The total amount paid byt the County to the Contractor under this contract shall note exceed $. This amount  consists ofs in Federal funds (CFDA# ),$ in State Funds, $ in County funds  a. There are no matching requirements from the Contractor. b. The Contractor's matching requirement is $  which shall consist of: Cash Cash and/or In-kind  In-kind Cash and In-kind  The contributions from the Contractor shall be sourced from non-federal funds. The total contract amount including any Contractor match shall note exceed $  6. Reversion of Funds: termination of this contract.  Any unexpended grant funds shall revert to the County Department of Social Services/Human Services upon  iquirements: (06/15)  Page 1of3    Contractor: shall complywith: auditr requirements as described in N.C.G.S.S1 143C-6-22&2 23 and OMB Circular- CFRTite 2 Grants and. Agreements, Part 200, ands shall disclose alli informationi required by 42 USC455.104, or 42USC 455.105,  or 42 USC 455.106. 8. Payment Provisions: Attachment B.  Payment shall be made in accordance with the Contract Documents as described in the Scope of Work,  9. Contract Administrators: Allr notices permitted or required to be given by onel Partyt tot the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are: set out! below. Either Party may change ther name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to  the other Party.  For the County:  IF DELIVERED BY US POSTAL SERVICE  IFD DELIVERED BY ANY OTHER MEANS Name & Title Angelina Noel Street Address 530 Carthage Street City, State, Zip Sanford, NC2 27330  Name & Title County Mailing Address City, State, Zip Telephone Fax Email  County  Lee  For the Contractor:  IF DELIVERED BY US POSTAL SERVICE  IF DELIVERED BY ANY OTHER MEANS Name & Title Deborah Davidson Company Name COLTS Street Address 1615S.3dSt. City State Zip Sanford, NC27330  Name & Title Company Name Mailing Address City State Zip Telephone Fax Email  10. Supplementation of Expenditure of Public Funds:  The Contractor assures that funds received pursuant to this contract shall be used only to supplement, not to supplant, the total amount of federal, state and local public funds that the Contractor otherwise expends for contract services and related programs. Funds received under this contract shall be used to provide additional public funding for such services; the funds shall not be used to reduce the Contractor's total expenditure of other public funds for As a condition of this contract, the Contractor acknowledges and agrees to make disbursements in accordance with  such services. 11. Disbursements: thei following requirements:  (a) Implement adequate internal controls over disbursements; (b) Pre-audit all vouchers presented for payment to determine:  Validity and accuracy of payment Payment due date Adequacy of documentation supporting payment Legality of disbursement (c) Assure adequate control of signature stamps/plates; (d) Assure adequate control of negotiable instruments; and  (e) Implement procedures to insure that account balance is solvent and reconcile the account monthly.  Contract-General (06/15)  Page. 2of3    12. Outsourcing to Other Countries:  The Contractor certifies thati it has identified to the County allj jobs related to the contract that have been outsourced to other countries, ifany. The Contractor further agrees that ity will not outsource any suchj jobs during the term of Individuals and Organizations receiving federal funds must ensure compliance with certain certifications required by federal laws and regulations. The contractor is hereby complying with Certifications regarding Nondiscrimination, Drug-Free Workplace Requirements, Environmental Tobacco Smoke, Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and Lobbying. These assurances and certifications aret to  this contract without providing notice to the County.  13. Federal Certifications:  be signed by the contractor's authorized representative. 14. Specific Language Not Previously Addressed: (cank be delted ifr not needed) terms of this agreement.  15. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the The Contractor and the County have executed this contract in duplicate originals, with one original being retained by each  party. hnk Signature Printed Name COUNTY ignatyhe Lisa G Mindtr Printed Name  051000033  Date Title  KIRK D. Smit74  CommsSION CHAIRMAN  5123/33  k   AACnwy05S  Date  Gomhflanyr  Thisinstrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.  Tanduu Suman Signature of County Finance Officer  54a3 Dâte  Contract-General (06/15)  Page 3of3    GENERAL TERMS AND CONDITIONS  Relationships of the Parties  performance of this contract to the extent permitted by  law.  Independent Contractor: The Contractor is and shall be deemed to be an independent contractor in the performance of this contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with, the Subcontracting: The Contractor shall not subcontract any of the work contemplated under this contract without prior written approval from the County. Any approved subcontract shall be subject to all conditions of this contract. Only the subcontractors specified int the contract documents are to be considered approved upon award of the contract. The County shall not be obligated to pay for any work performed by any unapproved subcontractor. The Contractor shall be responsible for the performance Assignment: No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be permitted. However, upon written request approved by thei issuing purchasing authority, the County may: (a)Forward the Contractor's payment check directly to any person or entity designated by the Contractor, or (b) Include any person or entity designated by Contractor as a joint payee on the Contractor's payment check. In no event shall such approval and action obligate the County to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. Beneficiaries: Except as herein specifically provided otherwise, this contract shalli inuret to the benefit of and be binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the County and the named Contractor. Nothing contained in this document shali give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the County and Contractor that any such person or entity, other than the County or the Contractor, receiving services or benefits under this contract shall be deemed an inçidental beneficiary only.  Default and Termination  Termination Without Cause: The County may terminate this contract without cause by giving 30 days written Termination for Cause: If, through any cause, the Contractor shall fail to fulfill its obligations under this contract in a timely and proper manner, the County shall have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. Ini that event, all finished or unfinished deliverable items prepared byt the Contractorunder this contract: shall, ati the option of the County, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Contractor shall not be relieved of liability to the County for damages sustained byt the County by virtue of the Contractor's breach of this agreement, and the County may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the County from such breach can be determined. In case of default by the Contractor, without limiting any other remedies for breach available to it, the County may procure the contract services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The filing of a petitionfor bankruptcy by the Contractor shall be an act of default Waiver of Default: Waiver by the County of any default orb breach in compliance with the terms of this contractby the Contractor shall not be deemed a waiver of any subsequent default or breach and shall not be construed to_be modification of the terms of this contract unless stated to be such in writing, signed by an authorized representative of the County and the Contractor and Availability of Funds: The parties to this contract agree and understand that the payment of the sums specifiedi in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the County. Force Majeure: Neither party shall be deemed to be in default of Its obligations hereunder if and so long as itis prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civili insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Survival of Promises: All promises, requirements, terms, conditions, provisions, representations,  notice to the Contractor.  County.  of all of its subcontractors.  under this contract.  attached to the contract.  Indemnity and Insurance  Indemnification: The Contractor agrees toi indemnify and hold harmless the County, the State of North Carolina, and any of their officers, agents and employees, and Federal Government from any claims of third parties arising out of any act or omission of the Contractor in  connection with the  NCDHHS' TC1010 (General Terms and Conditions) (Local Government) (Rev. 11.01.15)    During the performance of this contract, the contractor is to notify the County contract administrator of any contact by the federal Office for Civil Rights (OCR) received by Cost Borne by Contractor: If any applicable federal, state, or local law, regulation, or rule requires the County or the Contractor to give affected persons written notice of a security breach arising out of the Contractor's performance undert this contract, the Contractor shall bear  guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of  the contractor.  limitation.  Intellectual Property Rights  Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this contract are the exclusive property of the County. The Contractor shall not assert a claim of copyright or other property interestin  the cost of the notice.  Oversight  such deliverables.  Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. Additionally, as the State funding authority, the Department of Health and Human Services shall have access to persons and records as a result ofa allcontracts or grants entered into by State agencies or political Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent of the County. State basic records retention policy requires all grant records to be retained for a minimum of five years or until all audit exceptions have! beenr resolved, whichever is longer. If the contract is subject to Federal policy and regulations, record retention may be longer than five years. Records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract has been started before expiration of the five-year retention period described above, the records must be retained until completion of the action andresolution of all issues which arise from it, or until the end of the regular five-year period described above, whichever is later, The record retention period for Temporary Assistance for Needy Families (TANF) and MEDICAID and Medical Assistance grants and programs must be retained for a minimum oft ten years.  Compliance with. Applicable Laws Compliance with Laws: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct ofi its business, including those off federal, state, and local agencies having jurisdiction and/or authority. Equal Employment Opportunity: The Contractor shall comply with all federal and State laws relating to equal Health Insurance Portability and Accountability Act (HIPAA): The Contractor agrees that, if the County determines that some or all of the activities within the scope of this contract are: subject to the Healthinsurance Portability and Accountability Act of1 1996, P.L. 104-91, as amended ("HIPAA"),ori itsi implementing regulations, itwill comply with the HIPAA requirements and will execute such agreements and practices as the County may  subdivisions.  employment opportunity.  require to ensure compliance.  Confidentiality  Confidentiality: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the County. The Contractor acknowledges thati in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise Data Security: The Contractor: shall adopt and apply data security standards and procedures that comply with all applicable federal, state, and local laws, regulations, and Duty to Report: The Contractor shall report a suspected or confirmed security breach to the County's Contract Administrator within twenty-four (24) hours after the breach is first discovered, provided that the Contraçtor shall report a breach involving Social Security Administration data or Internal Revenue Service data within one (1) hour after the breach is first discovered.  provided in this contract.  rules.  NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 11.01.15)    or phrase shall be read to include the plural and vice Time of the Essence: Time is of the essence in the Key Personne!: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term "key personnel" includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates published in the applicable State rules or approved local government travel policy. International travel shall not be reimbursed under this contract. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their Advertising: The Contractor shall not use the award of this contract as a part of any news release orcommercial  Miscellaneous  versa.  Choice ofl Law: The validity of this contract and any ofi its terms or provisions, as well as the rights and duties of the parties to this contract, are! governed by the laws of North Carolina. The Contractor, by signing this contract, agrees and submits, solely for matters concerning this Contract, tot the exclusive jurisdiction of the courts ofNorth Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this contract and all transactions and agreements relating toi it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and Amendment: This contract may not be amendedi orally or by performance.. Any amendmenti must ber made in written form and executed by duly authorized representatives of Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each such provision orrequirement: shall continue to be enforced to the extent itis not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this contract shall remain ini full force and effect. Headings: The Section and Paragraph headings int these General Terms and Conditions are not material parts of the agreement and should not be used to construe the Gender and Number: Masculine pronouns shall be read toi include feminine pronouns and the singular of any word  performance of this contract.  enforcement shall be determined.  the County and the Contractor.  meaning thereof.  reimbursement reports. advertising.  NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 11.01.15)    ATTACHMENT B - Scope of Work Federal Tax Id. or SSN 56-6000313  Contract#  A. CONTRACTOR INFORMATION 1. Contractor Agency Name: COLTS Address 1615 Third Street  2. Ifdifferent from Contract Administrator Information in General Contract:  Sanford, NC 27330 davdon@lecounynege" 3. Name of Program (s): NEMT  Telephone Number: 919-776-0501 Fax Number: 919-774-7593 Email:  4. Status:  Public  Private, Not for Profit  Private, For Profit  5. Contractor's Financial Reporting Year 2028 through 2024  B. Explanation of Services to be provided and to whom (include SIS Service Code):  Emergency Medical Transportation C.Rate per unit ofs Service (define thc unit):  1.IfStandard Fixed Rate, Maximum Allowable, (See Rates for Services Chart)  2. Negotiated County Rate. $2.50 Per mile - Lee County  Out ofTown Medical - Chapel Hill, Raleigh, Durham, Southern Pines-$40.00  per trip per person  Other locations negotiated at the time ofs scheduling  D. Number oft units to be provided: TBD  E. Details of Billing process and' Time Frames; NÇ Tracks Weekly  F.Arca to be served/Delivery site(s): Lee and surrounding counties  1 of Signature Cbunty 05/08-13023 (Date Submitted)  Imilly Authorized  CpAAs (S/gnature of Coutractor) slas/a3 (Date Submitted)  Person)  Contract-Scope of Work (7-2008)  Page lof1    FEDERAL CERTIFICATIONS  The undersigned states that:  1. He or she is the duly authorized representative of the Contractor named below;  2. He or she is authorized to make, and does hereby make, the following certifications on behalf of the Contractor, as set  out herein:  a. The Certification Regarding Nondiscrimination;  The Certification Regarding Drug-Free Workplace Requirements; The Certification Regarding Environmental Tobacco Smoke;  d. The Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered 3. He or she has completed the Certification Regarding Drug-Free Workplace Requirements by providing the addresses  Transactions; and e. The Certification Regarding Lobbying; at which the contract work will be performed; 4. [Check the applicable statement  IJ He or she has completed the attached Disclosure Of Lobbying Activities because the Contractor has made, or has an agreement to make, a payment to a lobbying entity fori influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a  Member of Congress in connection with a covered Federal action;  OR  [I He or she has not completed the attached Disclosure Of Lobbying Activities because the Contractor has not made, and has no agreement to make, any payment to any lobbying entity for influencing or attempting to influence any officer or employee of any agency, any Member of Congress, any officer or employee of Congress,  ora any employee ofal Member of Congress in connection with a covered Federal action. 5. The Contractor shall require its subcontractors, if any, to make the same certifications and disclosure.  Signature  dodes bsa G. Mndir  Cangpy  slaolas Date  Contractor Name  [This Certification Must be Signed by the Same Individual Who Signed the Proposal Execution Page]  Certification Regarding Nondiscrimination  The Contractor certifies that it will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $$1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. $56101-6107), which prohibits discrimination on the basis of age; (e)t the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; () the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. $$3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) the Food Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political beliefs; and ()  the requirements of any other nondiscrimination statutes which may apply to this Agreement.    II. Certification Regarding Drug-Free Workplace Requirements  1. The Contractor certifies that itv will provide a drug-free workplace by:  a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substançe is prohibited in the Contractor's workplace and specifying the actions that will be  taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program toi inform employees about: The dangers of drug abuse in the workplace; The Contractor's policy of maintaining a drug-free workplace;  li. Any available drug counseling, rehabiitation, and employee assistance programs; and  iv. The penalties that may bei imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee be engaged in the performance of the agreement be given a copy of d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the  the statement required by paragraph (a); agreement, the employee will:  Abide by the terms ofi the statement; and than five days after such conviction; otherwise receiving actual notice of such conviction; any employee whoi is sO convicted: termination; or agency; and (a), (b).(c),(d).( (e), and (f). add additional pages if necessary):  Notify the employer of any criminal drug statute conviction for a violation occurring in the workplaçe no later e. Notifying the Department within ten days after receiving notice under subparagraph (d)(i) from an employee or Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)i), with respect to Taking appropriate personnel action against such an employee, up to and including Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 2. The sites for the performance of work done in connection with the specific agreement are listed below (list all sites;  Address  Street 180 Dbuslas Dr.  City, State, Zip Code Sahvd NC 227350  Street  City, State, Zip Code    3. Contractor will inform the Department of any additional sites for performance of work under this agreement. 4. Faise certification or violation of the certification may be grounds for suspension of payment, suspension or termination of grants, or government-wide Federal suspension or debarment. 45 C.F.R.82.510.  Il. Certification Regarding Environmental Tobacco Smoke  Public Law 103-227, Part C-Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penaity of up to $1,000.00 per day The Contractor certifies that it will comply with the requirements of the Act. The Contractor further agrees that it will require the language oft this certification be included in any subawards that contain provisions for children's services and IV. Certification Regarding Debarment, Suspension, Ineligibility and' Voluntary Exclusion Lower Tier  and/or the imposition of an administrative compliance order on the responsible entity.  that all subgrantees shall certify accordingly.  Covered Transactions Instructions  [The phrase "prospective lower tier participant" means the Contractor.)  I. By signing and submitting this document, the prospective lower tier participant is providing the certification set out The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. Ifi it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originate may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant will provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," participant," "person," primary covered transaction," "principal," proposal," and' "voluntarily excluded," as used ini this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 45 CFR Part 76. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier çovered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation in this covered transaction 6. The prospective lower tier participant further agrees by submitting this document that it will include the clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered 7. AP participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.  below.  or has become erroneous by reason of changed circumstances.  regulations.  unless authorized by the department or agency with which this transaction originated.  transactions.    8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,  including suspension, and/or debarment.  Certification  1. The prospective lower tier participant certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such  in this transaction by any Federal department or agency. prospective participant shall attach an explanation to this proposal.  V. Certification Regarding Lobbying  The Contractor certifies, to the best of his or her knowledge and belief, that:  1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative 2. - Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form SF-LLL, "Disclosure of Lobbying 3. The undersigned shall require that the language of this certification be included in the award dacument for subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) who receive federal funds of $100,000.00 or more and that all subreciplents shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made ore entered into. Submission oft this certification is a prerequisite for making or entering into this transaction imposed! by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil  agreement.  Activities," in accordance with its instructions.  penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure.  VI. Disclosure Of Lobbying Activities  Instructions  This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or reçeipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of  Management and Budget for additional information.    Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome  ofa covered Federal action.  1. Identify the status of the covered Federal action.  2. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last 3. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates ifit is, or expects to be, a prime or sub- award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards 4. Ifthe organization filing the report in Item 4 checks "Subawardee", then enter the full name, address, city, state and 5. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 6. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan 7. Enter the most appropriate Federal Identifying number available for the Federal action identified in Item 1 (e.g., Requesti for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant, or loan award number, the application/proposa control number assigned by the Federal agency). Include prefixes, 8. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the 9. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last 10. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indiçate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be 11. Check the appropriate boxes. Check all boxes that apply. Ifp payment is made through an in-kind contribution, specify  previously submitted report by this reporting entity for this covered Federal action.  include but are not limited to subcontracts, subgrants and contract awards under grants. zip code of the prime Federal recipient. Include Congressional District, ifk known.  commitments.  e.g.. RFP-DE-90-001."  Federal amount of the award/loan commitment for the prime entity identified in Item 40 or5.  identified in Item 41 to influence the covered Federal action. Name, First Name and Middle Initial (MI).  made.  the nature and value oft the in-kind payment.  12. Check the appropriate boxes. Check all boxes that apply. Ifother, specify nature.  13. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s),  employee(s), or Member(s) of Congress that were contacted. 14. Check whether or not: a SF-LLL-A Continuation Sheet(s) is attached.  15. The certifying official shall sign and date the form, print his/her name, title, and telephone number.  Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and  Budget, Paperwork Reduction Project (0348-0046), Washington, D.C.20503    Disclosure Of Lobbying Activities (Approved by OMB 0344-0046)  Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352  1. Type of Federal Action: a. contract b. grant C. cooperative agreement d. loan loan guarantee loan insurance  2. Status of Federal Action: a. Bidlofferlapplication b. Initial Award C. Post-Award  3. Report Type: a. initial filing material change For Material Change Only: Year_ Date OfLast Report:_  Quarter_  4. Name and Address of Reporting Entily: Subawardee Tier (if known) Congressional District (if known). 6. Federal DepartmenlAgeny: 8. Federal. Action Number (fk known) 10.a. Name and Address ofl Lobbying Entity (ifindividual, last name, first name, MI): (atlach Conlinualion Sheel(s) SF-LLL-A, ifnecessary) 11. Amount of Payment (check all that apply): $ 12. Form of Payment (check all that apply): a. cash b.l In-kind; specify: Nature,  5. IfReporting Entityi inl No. 4i is Subawardee, Enter Name  and Address of Prime: Congressional District (if known). 7. Federal Program Name/Description: CFDA Number (if applicable). 9. Award Amount (IF known)s  Prime  b. Individuals Performing Services (including address if different from No. 10a.) (last name, first name, M): (attach Continuation Sheet(s) SF-LLL-A, ifnecessary) 13. Type of Payment (check all that apply): a. retainer b. one-time fee commission d. contingent fee deferred other; specify:.  actual planned  Value  14. Brief Description of Services Performed ort to be Performed and Date(s) of Services, including offiçer(s), employee(s),or Member(s) contacted, for Payment Indicated in Item 11(atlach Continuation Sheet(s) SF-LLL-A, ifnecessary):  15. Continuation Sheet(s) SF-LLL-A: attached:  D Yes  D No  16. Information requested through this form is authorized by Signature:. title 31 U.S.C. section 1352. This disclosure ofl lobbying activities is a material representation oft fact upon which Print Name: reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S S.C. 1352. This information willl be reported to the Congress semi-annually and willl be available for public inspection. Any person whof fails tof file ther required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,0001 for each  Titie:. Telephone No:  Date:.  suchf failure. Federal Use Only  Authorized: forl Local Reproduction Standard Form- LLL    CONFLICT OF INTEREST ACKNOWLEDGEMENT AND POLICY  State of County. that  Notary Public for said County and State, certify  personally appeared before me this day and  acknowledged that he/she is  of  [name of Organization]  and by that authority duly given and as the act of the Organization, affirmed that thet foregoing Conflict of Interest Policy was adopted by the Board of Directors/Trustees or other governing body in a meeting held  ont the.  day of  Sworn to and subscribed before me this  day of  (Official Seal)  Notary Public  My Commission expires Instruction for Organization:  20  Sign and attach the following pages after adopted by the Board of Directors/Trustees or other governing body OR replace the following with the current adopted conflict of interest policy.  Name of Organization Signature of Organization Official  NCDHHS COIIO15 (Rev.4/11)    Conflict of Interest Policy Example  The Board of Directors/Trustees or other governing persons, officers, employees or agents are to avoid any conflict of interest, even the appearance of a conflict of interest. The Organization's Board of Directors/Trustees or other governing body, officers, staff and agents are obligated to always act in the best interest of the organization. This obligation requires that any Board member or other governing person, officer, employee or agent, in the performance of Organization duties, seek only the furtherance oft the Organization mission. At all times, Board members or other governing persons, officers, employees or agents, are prohibited from using their job title, the Organization's name or property, for private profit or A. The Board members or other governing persons, officers, employees, or agents of the Organization should neither solicit nor açcept gratuities, favors, or anything of monetary value from current or potential contractorslvendors, persons receiving benefits from the Organization or persons who may benefit from the actions of any Board member or other governing person, officer, employee or agent. This is not B. A Board or other governing body member may, with the approval of Board or other governing body, receive honoraria for lectures and other such activities while not acting in any official capacity for the Organization. Officers may, with the approval of the Board or other governing body, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay, Employees may, with the prior written approval of their supervisor, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay. If a Board or other governing body member, officer, employee or agent is acting in any official capacity, honoraria received in connection with activities relating toi the Organization are to be paid C. No Board member or other governing person, officer, employee, or agent of the Organization shall participate in the selection, award, or administration of a purchase or contract with a vendor where, to his knowledge, any of the following has a financial interest in that purchase or contract: 1. The Board member or other governing person, officer, employee, or agent; 2. Any member of their family by whole or half blood, step or personal relationship or relative-in-law; 3. And organization in which any of the above is an officer, director, or employee; 4. A person or organization with whom any of the above individuals is negotiating or has any arrangement concerning prospective employment or contracts. D. Duty to Disclosure - Any conflict of interest, potential conflict of interest, or the appearance of a conflict of interest is to be reported to the Board or other governing body or one's supervisor immediately. E. Board Action - When a conflict of interest is relevant to a matter requiring action by the Board of Directors/Trustees or other governing body, the Board member or other governing person, offiçer, employee, or agent (person(s)) must disclose the existence of the conflict of interest and be given the opportunity to disclose all material facts to the Board and members of committees with governing board delegated powers considering the possible conflict of interest. After disclosure of all material facts, and after any discussion with the person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee Ina addition, the person(s): shall not participate in the final deliberation or decision regarding the matter under consideration and shall leave the meeting during the discussion of and vote of the Board of F.Violations of the Conflicts of Interest Policy - If the Board of Directors/Trustees or other governing body has reasonable cause to believe a member, officer, employee or agent has failed to disclose actual or possible conflicts of interest, It shall inform the person of the basis for such belief and afford the person an opportunity to explain the alleged failure to disclose. lf, after hearing the person's response and after making further investigation as warranted by the circumstances, the Board of Directors/Trustees or other governing body determines the member, officer, employee or agent has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.  benefit.  intended to preclude bona-fide Organization fund raising-activities.  tot the Organization.  members shall decide if a çonflict of interest exists. Directors/Trustees or other governing body.  NCDHHS CO11015 (Rev. 4/11)    G. Record of Conflict : The minutes of the governing board and all committees with board delegated 1. The names of the persons who disclosed or otherwise were found to have an actual or possible conflict of interest, the nature of the conflict of interest, any action taken to determine whether a conflict of interest was present, and the governing board's or committee's decision as to whether 2. The names of the persons who were present for discussions and votes relating to the transaction or arrangement that presents a possible conflict of interest, the content of the discussion, including any alternatives to the transaction or arrangement, and a record of any votes taken in  powers shall contain:  ac conflict ofi interest in fact existed. connection with the proceedings.  Approved by: #ContractorName# Name of Organization Signature of Organization Official  Date  NCDHHS CO11015 (Rev.4/11)    State Grant Certification - No Overdue Tax Debts  Instructions: Grantee/Contractor should complete this certification for all state funds received. Entity should  enter appropriate data int the yellow! highlighted areas. The completed ands signed form should be provided to the state agency funding the grant tol be attached to the contract for the grant funds. A copy of this form, along with the completed contract, should be kept by the funding agency and  available for review byt the Office of State Budget and Management.  Nole: li poii har ucommet! thut cuend mt than une stute fiscul rear.. roll iill lced 10 obluine an plueleertifieutiw.or  cac h. wr uf the onact.  CouTs - Comhy 3 Lec Transt bsim  Date of Certification  To: State Agency Head and Chief Fiscal Officer  Certification:  We certify that the insert organization's name) does not have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at the federal, State, or local level. We further understand that any person who makes ai false statement in violation of N.C.G.S. 143C-6-23(c) is guilty of a criminal offense  punishable as provided by N.C.G.S.) 143C-10-1b.  Sworn Statement:  [Name of Board Chair) and [Name of Second Authorizing Official) being duly sworn, say that we are the Board Chair and [Title of the! Second Authorizing Official), respectively, of [insertr name of organization) of! [City] in the State of [Name of State); and that the foregoing certification is true, accurate and complete to the best of our knowledge and was made and subscribed by us. We also acknowledge and understand that any misuse of State funds will be reported to the appropriate  authorities fpr furtheraction.  Board Chalr  Apbmlh COMMSSION CHAIMIRN [Title of Second. Authorizing Official)  Sworn IR ands subscribed before me on the day of the date of said certification.  My Commission Expires: 3-2-1025  Seal)  Simone Ross NOTARY PUBLIC My Commisaion Expires March 02, 2025  CK  lfthere are any questions, please contact the state agency that provided your grant. fneeded, youlme,oontgpNDe North 'G.S. 105-243.1 defines: Overdue tax debt. - Any part ofat tax debt that remains unpaid 90 days or more after the notice off final assessment was mailed to the taxpayer. The term does noti include a tax debt, however, ift the taxpayer entered into an installment agreementi for the tax debt under G.S. 105-237 within! 90 days after the notice off final assessment was mailed and has not failedt tor make any payments due undert the instailment  Carolina Office of State Budgeta and Management NCGrants@osbm.nc.go-919807-4795  agreement."  Page 1of1  MS&NCDI Form 0008 Eff.. July 1,2005 Revised July 18, 2006, 7/07, 8/09,9/11    This document will be used to determine ify you have al business associate relationship with a contractor. This form should be completed on all contracts that have al HIPAA covered health care component. This would include all health related information.  Contractor: COLTS Contract Number:  Date: Notes  HIPAA ASSESSMENT FORM  Questions  Steps  1. Has ar relationship been initiated Select allows the contractor to perform a function or activity for, or on behalf of, County Department of Social Services HIPAA covered health care component? other than treatment of clients?  (YES-C Go to Question 2. NO-Stop. There is no business associate relationship. &ES/-Go to Question 3. NO--Stop. There is no business associate relationship.  2. Is the function or service to be Select NOTE: The sharing of rendered by the contractor on an activity Individually identifiable  health information with another treatment contractor for treatment purposes only does not require al business associate agreement. See 45 CFR 164502e)0)0XA) Department of Social Services individually identifiable health information is not covered by HIPAA and thus does not have to be protected through ab business associate agreement.  3. Does the function or service to Select NOTE: Data that does not YES--Go to Question 4.  ber rendered by the contractor involve the contain A County  NOStop. There is no business associate relationship.  use or disclosure oft the County Department ofSocial Services individually identifiable health information?  4. Are the services rendered by Select NOTES: Whenever as service NO--Got Question 5. staff from the contractor performed on the isr rendered on the premises YES-Stop. There is not business  premises oft the covered health care component, using the component's policies and procedures?  ofa covered component, utilizing the component's component's policies and procedures, the person rendering such services is considered a member oft the component's workforce, and isr required to comply with the component's privacy policies and procedures. No business associate agreement isre required. Attorney Representing Agency Benefits Management  associate relationship.  resources and following the component's resources and following the  5. Is the contractor performing a Select Check appropriate service(s): YES-You have identified a business  type(s) offunction/activity for or on the behalfofthe County Department of Social Services HIPAA covered health  associate relationship. The specified function/activity, which involves the sharing ofindividually identifiable  1    component that is directly related to the covered health component's continued  Patient Accounts Billing health information, is provided by the  Claims Processing Claims Administration Bill Collections Professional Services Special Population Assessments Data Analysis Data Processing Data Administration JCAHO Re-pricing Rate Setting Practice Management Software Support Utilization Review Quality Assurance Contract Analysis Central Office Supervision Security Dietary Machine Maintenance Facility Maintenance Landscaping Housekeeping Hardware Support Audits/Surveys: Purchasing  contractor. This constitutes a business associate relationship as such information must be protected the same as required ofthe HIPAA covered health care component. There are two types ofbusiness associate relationships: External Business Associate relationships: You have indentified an External business associate relationship ifyou are contracting with any entity A Business Associate Addendum must bes signed and included with the contract. Ifyou are completing: a Memorandum of Agreement (MOA) with a governmental entity the Government, Associate Addendum must be utilized. NO--STOP. There is no business associate relationship.  operation?  Council on Accreditation outside city, county or state government.  ADDITIONAL REQUIRMENTS NOTE: Make sure all county requirements are met fori internally notifying the correct parties for External and Internal Business Associates Rev: 7-1-2013  2    Contract ! (Contractor)  ATTACHMENTJ  CERTIFICATION REGARDING TRANSPORTATION Lee County Department of Social Services/Human Services  By execution ofthis Agreement the Contractor certifies that it will provide safe client  transportation by:  1. Insuring that all drivers (including employees, contractors, contractor's employees, and 2. Insuring that all drivers (including employees, contractors, contractor's employees, and volunteers) shall be licensed to operate the specific vehicle used in transporting clients in accordance with Chapter 20-7 oft the General Statutes ofNorth Carolina and the Division 3. Insuring that all vehicles transporting clients shall have at least the minimum level of liability insurance appropriate fort the type of vehicle as defined by Article 7, Rule R2-36 4. Insuring that the contractor shall have written policies and procedures regarding how drivers handle and report client emergencies and/or vehicle crashes involving clients to contractor and how contractor notifies the Lee County Department of Social Services; 5. Insuring that no more than one quarter of one percent of all trips be missed by the contractor during the course oft the contract period; (Medicaid only) 6. Insuring that that no more than five percent (5%) oft trips should be late for recipient drop offt to their appointment per month; (Medicaid only) 7. Contractor will maintain records documenting the following (County may require a. Valid current copies of Drivers License for all drivers; b.Current valid Vehicle Registration, for all vehicles transporting clients; C. Driving records for all drivers for the past three years and with annual updates; d. Criminal Background checks through North Carolina Law Enforcement or NCIC prior to employment and every three years thereafter; e.Alcohol and Drug Testing policy to meet the Federal Transit Authority guidelines. 8. Disclosing, at the outset oft the contract, upon renewal and upon request, any criminal convictions or other reasons for disqualifications from participation in Medicare, Medicaid or Title XX programs (signature on this form confirms this statement).  volunteers) shall be at least 18 years ofage;  ofMotor Vehicle requirements;  oft the North Carolina Utilities Commission;  contractor to, provide):  hmppm  COMMISSION CAIAMAN 05loa/3083  Signature  Title Date  LEE CouNTy Ageny/Organization  (Certification signature should be same as Contract signature.)  Transporiation Certification (06-2015)  Page 1 ofl    ATTACHMENT K  What is al Private Non Profit. Agency?  Answer: A private non profit is an organization that is incorporated under State law and whose purpose is not to make a profit, but rather tot further a charitable, civic, religious, scientific, or other lawful purpose. The Secretary of State's office grants corporate status to organizations in North Carolina.  What is a 501(c)(3) designation?  Answer: When the agency becomes a state private non profit corporation, it can then apply for 501(c)(3) designation through the IRS, Once the IRS grants 501(c)(3) status, the organization is exempt from certain taxes and any donations to the charitable organization are tax deductible. Many individuals and  organizations prefer to make donations to 501(c)(3) private non profits.  Who can obtain a 501(c)(3) designation? focuses on the non profit's objective.  Answer: Any organization or group can apply for 501(c)(3) status, provided their charter or mission Another option is to apply for a 509(a)(1) status which falls under the 501(c)(3) umbrella. Being a 509(a)(1) designates an organization as at tax-free public charity that receives most of its support from: a governmental unit or from the general public. Becoming a 509(a)(1) provides public recognition of tax- exempt status, advance assurance to donors of deductibility of contributions, exemption from certain State andi federal taxes, and non profit mailing privileges. Organizations that typically qualify are  churches, educational institutions, hospitals, and governmental units. How does a Private Non Profit obtain Tax Exempt Status?  EO Web Site [eFsApvien) IRS TE/GE Customer Service  You may direct technical and procedural questions concerning charities and other nonprofit organizations, including questions about yourt tax-exempt status and tax liability, to the IRS Tax Exempt and Government Entities Customer Account Services at (877) 829-5500 (toll-free number).  Ify you prefer to write, you may write at: Internal Revenue Service Exempt Organizations Determinations P.O. Box 2508 Cincinnati, OH 45201  You may also contact the TAx2VRLAvaale Service, an independent organization within the IRS that helps taxpayers resolve problems with the IRS and recommends changes that will prevent problems. Ap private non profit must apply to the IRS fort tax exempt status. To qualify, applicants must complete and submit to the IRS Form 1023. Once federal tax exempt status is granted, the private non profit applies for State tax exempt status by completing Form CD-435 and submitting it to the N. C. Department of  Revenue.  What must a County Department of Social Services/Human Services do?  Answer: Verify the Tax Exempt Letter. Check date for expiration and check if current address of agency  isre reflected. Revised 06-2015    CONTRACT PROVIDER NAME: DOLIS CONTRACT PERIOD: Py2324 PROVIDER'S FISCAL YEAR: 23-24  CONTRACT NUMBER:  NA  CONTRACT DETERMINATION QUESTIONNAIRE (PURCHASE OF SERVICE VS. FINANCIAL ASSISTANCE)  Instructions: Enter 5 points for each factor in either the yes or no column. Once the entire list has been completed tally the points in each column. The column with the most points should be a goodi indiçator of the designation of  the organization-etther Financial Assistance (Grant) or Vendor (Purchase of Service).  5points 5p points Financial Purchase Assistance of Service YES  Determination Factors  NO 7 K K  1 Does the provider determine eligibility? procedures and rules?  2 Does the provider provide administrative functions such as Develop program standards 3 Does the provider provide administrative functions such as Program Planning? 4 Does the provider provide administrative functions such as Monitoring? 5 Does the provider provide administrative functions such as Program Evaluation? 6 Does the provider provide administrative functions such as Program Compliance? 7 Is provider performance measured against whether specific objectives are met? 8 Does the provided have responsibility for programmatic decision making? 9 Is the provider objective to carry out a public purpose to support an overall program objective? 10 Does the provider have to submit a cost report to satisfy a cost reimbursement arrangement? 11 Does the provider have any obligation to the funding authority other than the delivery of the 13 Does the provider provide these or similar goods and/or services only to the funding agency? 14 Does the provide these or similar goods and/or services outside normal business operations? Note: The authorized individual(s) must place an. Xi in one of the boxes below to indicate the type of contractual arrangement for this contract, then sign and date where indicated.  4 x  specified goods/services?  12 Does the provider operate in a noncompetitive environment?  TOTAL  0  70  FINANCIAL ASSISTANCE  PURCHASE SERVICE  Signature of Authorized Programmatic Individual  DATE  BilhD  5/23/2023  Signature of Authorizd Administrative Individual  DATE  Revised effective 7-1-2013 page 1    State Certifications  Contractor Certifications Required by North Carolina Law  Instructions: The person who: signs this document should read thet text oft thes statutes and Exeçutive Order listed below and consult with counsel and other knowlcdgeable persons before signing. The text of eachl North Carolina General Statutes and of the Executive Article2 2 of Chapter 64: ht: M agalas.as.sfimsta.rDEBAtisl-Chner 6-/Article 2.pdf Executive Order No. 24 (Perdue, Gov., Oct. 1,2009): hur-stiscummimacenilimpaNyEO/nr G.S.105-164.8(b): bip: MBSANISASASAasaNl, cuislation. SD-nSssadins 105/GS 105-164.S. G.S.143-48.5: hup: mASEastasusaslnsialissialation: Statutes TMiLPNSsierChnr 143/GS 143-48.5.huml G.S.143-59.1: MIINESASMISTSIN: Fnerellagishations Slatules" DEBxetiw.Chamer 143-GS 143-59.L.pdf G.S.1 143-59.2: hup:. MwNIcaaalens Fnucrellagishations Sratutes PDF BvScction- Chapter 143GS 143-59.2.pdf G.S.143-133.3: HIREINRSNdINSNSISIanslnsllwhlgim: SmInUBSsiNnN 143GS 143-133.3.hm! G.S. 143B-139.6C: URANNNARCASAIgIP aredl.cgilution SprSasimdine, 143B/GS 143B-139.6C.pl  Order can be found online at:  G.S. 133-32: hp:3 Awwnsanstate.ne: us' gascripis Misuistauelakwp.!hmtie--2  Certifications  (1) Pursuant to G.S. 133-32 and Executive Order No. 24 (Perdue, Gov., Oct. 1, 2009), the undersigned hereby certifies that the Contractor named below is in compliance with, and has not violated, the provisions of either said statute or Executive Order. undersigned hereby certifies that the Contractor named below, and the Contractor's subcontractors, complies with the requirements of Article 2 of Chapter 64 oft the NC General Statutes, including the requirement for each Carolina to verify the work authorization of its employees through the federal E-Verify system." E- Verify System Link: wwwscis.goy (3) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies thal the Contractor named below is not an (a) Neither the Contractor nor any of its affiliates has delivered tol North Carolina when the sales met one ori more ofthe conditions ofG.S.1 105-164.8(b); and (b) [check one oft the following boxes] Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a "tax haven country" as set forth in G.S. 143- 59.1(c)(2) after December 31,2001; or OThe Contractor or one of its affiliates has incorporated or reincorporated in a "tax haven  country" as set forth in G.S. 143-59.1(C)(2) after December 31,2001 but the United States is not the principal market fort the public trading oft the stock of the corporation incorporated in the tax certifies that none ofthe Contractor's officers, directors, or owners (if the Contractor is an unincorporated business entity) has been convicted of any violation of Chapter 78Aofthe General Statutes ort the Securities. Act IO years immediately prior to the date of the bid (5) Pursuant to G.S.143B-139.6C, the undersigned hereby certifies that the Contractor will not use a former employee, as defined by G.S. 143B-139.6C(d)2), of Services in the administration of a contract with the Department in violation ofG.S. 143B-139.6C and that (a) He or she is a duly authorized. representative oft the (b) He or she is authorized to make, and does hereby make, the foregoing certifications on behalf of the (c) He or she understands that any person who knowingly submits a false certification in response to the requirements ofG.S. 143-59.land-59.2: shall  haven country.  (2) Pursuant to G.S. 143-48.5 and G.S. 143-133.3, the (4) Pursuant to G.S. 143-59.2(b), the undersigned hereby  employer with more than 25 employces in North of1933 or the Securities Exchange Act of1934 within  solicitation.  "incligible Contractor" as set forth in G.S. 143-59.1(a) the North Carolina Department of Health and Human refused to collect the use tax levied under Article: 5 aviolation ofthat statute. shall void the Agreement. of Chapter 105 oft the General Statutes on its sales (6) The undersigned hereby certifies further that:  because:  Contractor named below; Contractor; and  be guilty ofa Class I felony.  Contractor's Name: Contractor's Authorized Agent: Signature  Date_ Datc_  Prinied Name Signalure Printed Name  Title Title_  Witness:  The witness should be present when the Contractor's. Authorized Agent signs this certification and should sign and date this  document immediately thereafter.  Contractort Centifications Reauird hv North Carolina Law (Rev. 8/2016)  Pacc lofl    Coniracti # (Contractor)  ATTACHMENTN  Lee County Department of Social Services/Human Services  CERTIFICATION REGARDING NONDISCKIMINATION, CLEAN, AIRACT,  CLEAN WATER. ACT  Certification Regarding Nondiscrimination  The Contractor certifies that it will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $51681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. $794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. $56101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. $$3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) the Food Stamp Act and USDA policy, which prohibit discriminalion on the basis of religion and political beliefs; and () the requirements of any other nondiscrimination statutes which may apply tot this Agreement. The Contractor must comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented byt the Department of Labor Regulations (41 CFR Part 60): The Executive Order prohibits federal contractors and federally-assisted construction contractors and: subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of Meaningful, Access for LEP Individuals: The Contractor that participate in the SNAP must take reasonable steps to ensure that LEP persons have meaningful access to programs, services, and benefits. This includes the requirement to provide bilingual program information and certification materials andi interpretation services to single language minorities In certain project areas. SNAP Contractors that do not provide meaningful access for LEP individuals risk violating prohibitions against discrimination based on National Origin in the Food and Nutrition Act of 2008, as amended, Title VI of the Civil Rights Act of 1964 (Title VI) and SNAP program regulations at7 CFR272A(b). They also risk noncompliance with the USDA! policy guidance titled, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons", published in 79 FR 70771-70784 The Contractor should develop an implementing plan to address the language assistance needs of the LEP population served. This may include contracting for oral interpretation services, hiring bilingual staff, arranging telephone interpreters and/or language lines, coordinating community volunteers, translating vital documents, and providing written. notice that language services are available in appropriate languages. Quality and accuracy of the language service is critical in order to avoid: serious consequences tot the LEP person and to the recipient. LEP needs should be considered in developing budgets andi front line staff should understand howt to obtain language assistançe services. For additional assistance and information regarding LEP matters,  their employment.  (November 28, 2014).  please also visit tipwwylen.cov.  (Federal Certification-Non-Discrimination, Clean Air, Clean Water) (012018)Pagelof)    Contract # (Contractor)  Ensuring Equal Opportunity Access for Persons with Disabilities: The Contractor must also ensure equal opportunity access for persons with disabilities. This includes ensuring that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with people without disabilities. Contractors that do not provide persons with disabilities equal opportunity access to programs may risk violating prohibitions against disability discrimination ini the Rehabilitation Act of 1978, the American with Disabilities Act (ADA) of 1990, as amended, and SNAP program regulations. DOJ published revised final regulations implementing Title Ila and Title II of the ADA on September 15, 2010. These regulations are codified at 28 CFRI Part 35' "Nondiscrimination on the Basis of Disability in State and Local Government Services" and: at 28 CFR Part 36 "Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities". In accordance with thei implementing regulations, Contractors must provide auxiliary aids and services where necessary to ensure effective communication and equal opportunity access to program benefits for individuals with disabilities. The type of auxiliary aids and services required will vary, but a Contractor may not require an individual with a disability to bring another individual to interpret, and may rely on a person accompanying a disabled individual only in limited circumstances. When a Contractor communicates with applicants and beneficiaries by telephone, it must provide text telephone services (ITY) or have access to an equally effective electronic telecommunications system to communicate with individuals who are deaf, hard of hearing, or hearing impaired. Contractors must also ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of açcessible services, activities, and facilities. For more information, please visit the ADA website:  http/www.ada.gov.  IV. The Clean Air Act, Section 306; 42 U.S.C. $7401 et seq. (1970) a. No Federal agency may enter into any contract with any person who is convicted of any offense under section 113(c) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred ifs such facility is owned, leased, or supervised by such person. The prohibition int the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under section 113(c)(2), the condition giving rise to the conviction also shall be considered to include any substantive violation oft this Act associated with the violation of 113(c)(2). The. Administrator may extend this prohibition to other facilities owned or b. The Administrator shall establish procedures to provide all Federal agencies with the Inorder to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's air, the President shall, not more than 180 days after enactment of the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President d. The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. e. The President shall annually report to the Congress on measures taken toward implementing the purpose andi intent of this section, including but not limited to the progress and problems associated with implementation of this section. [42 U.S.C. 7606) (Federal Certification-Non-Discrimination, Clean Air, Clean Water) (012018)Page2of3  operated by the convicted person.  notification necessary for the purposes ofsubsection (a).  determines necessary to carry outs suchr requirement.    Contract: # (Contractor)  V. The Clean Water Act; 33 U.S.C. 51251 et seq. (1972)  a. No Federal agency may enter into any contract with any person who has been convicted ofa any offense under Section 309(c) of this Act for the procurement of goods, materials, and services ifs such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, andi ifs such facility is owned, leased, or supervised bys such person, The prohibition in preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) oft this section. Inorder to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's water, the President shall, not more than 180 days after the () requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Acti in such contracting or assistançe (i) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement. d. The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. e. The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and No certification by a contractor, and no contract clause, may be required ini the case ofa contract for the acquisition of commercial items in order to implement: a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of g. Inp paragraph (1), the term commercial item" has the meaning given such term in section 12) of the Office of Federal Procurement Policy Act (41 U.S.C.403(12)).  corrected.  enactment of this Act, cause to be issued an order:  activities, and  problems associated with such compliance.  this section.  COMM(SSIN CHAImAN  omite  Signature  Title  LEE Courny Agency/Organization  05/0213083  Date  (Certification signature should be: same as Contract signature.)  (Federal Certification-Non-Discrimination, Clean Air, Clean Wate)(012018Page3 3of3    The County of Lee North Carolina  Vendor/Contractor Name:  Courhy ot Lee ThneS,--Cres  IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59  As of the date listed below, the Vendor/Contractor listed above certifies that they are not on the Iran Final Divestment List ("List") created by the North Carolina State Treasurer persuant to N.C.G.S. 147-86.58.  Contractor/Vendor shall not utilize any subcontractor that is identified on the list.  E-VERIFY CERTIFICATION  REQUIRED BY N.C.G.S. 143-48.5 & 147-33.95(9)  As of the date listed below, the Vendor/Contractor listed above and all Vendor/Contractor's subcontractors certify that they are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. The undersigned hereby certifies that he/she is authorized by the entity listed above to make the foregoing  statement.  05l08130a3  Signature Printed Name  Date Printed Title  KIRK D.SmTM  COMMISSNN CHARMNS    sou  RESOLUTION RATIFYING, ACCEPTING AND APPROVING THE. AMENDED CHARTER RESOLUTION OF CENTRAL PINES REGIONAL COUNCIL (FORMERLY WHEREAS, the Councils of Governments system was created by the State ofNorth Carolina in 1970 by Governor Bob Scott designating seventeen Regional Councils to serve across the state and Triangle J Council of Governments (TJCOG), formerly the Research Triangle Regional Planning Commission, as the regional entity serving Chatham, Durham, Johnston, Lee, Moore, WHEREAS, the TJCOG Board of Delegates approved an organization rebrand process in its Fiscal Year 2022-2023 budget to identify and implement a new name, logo, and brand for the organization, and rebranding consultant Carrboro Creative was selected to conduct the process in WHEREAS, the proposed rebrand, including a name change from Triangle J Council of Governments to Central Pines Regional Council was presented to the TJCOG Officers, TJCOG Executive Committee, and' TJCOG Board ofDelegates inl December, February, and March of2023 WHEREAS, the TJCOG Executive Committee and TJCOG Board of Delegates unanimously approved the name Central Pines Regional Council and approved aj proposed amended charter to WHEREAS, the charter is TJCOG's governing document and must be endorsed by all member governments when theyj join the organization and by a minimum of2/3 when amendments to the NOW, THEREFORE, BE IT RESOLVED BY GOVERNING BODY that the Lee County Board ofCommissioners does hereby ratify, accept, and approve the amended Charter Resolution reflecting the organization's new name of Central Pines Regional Council. Further, the governing body authorizes that the new name will be effective July 1, 2023, or once 2/3 of the member  TRIANGLEJCOUNCIL OF GOVERNMENIS)  Orange, and Wake counties, and the municipalities within those counties; and  the Fall of2022; and  for consideration; and  reflect this change; and  document are made; and  governments approve the Charter amendment, ifiti is after. July 1,2023.  Presented this 15th day of May, 2023.  KirkI D. Smith, Chair Mmpbutl LeeCgunty) Board of Commissioners SUNT Rs  ATTEST: Hailey fl  HlL Clerktotl thel Board  P    MEMO1 TO: FROM: SUBJECT: DATE:  LEE COUNTY BOARD OF COMMISSIONERS LISA MINTER, LEE COUNTY MANAGER BUDGET AMENDMENT#! 5/15/23/15  May 15, 2023  SECTION! I. THE FOLLOWING GENERALI FUND (1100) REVENUE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 43,134 5,983,547  NEW BUDGET 63,789  DEPARTMENT Other Revenue Fund Balance  ACCOUNT # 1100-3930-38330  DESCRIPTION Insurance Refund TOTAL CHANGES  CHANGE 20,655 105,000 6,088,547 125,655  1100-3990-39900 Fund Balance Appropriated  SECTION II. THE FOLLOWING GENERAL FUND (1100) EXPENSE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 168,622 8,000 367,362 317 3,500  NEW BUDGET 187,408 9,869 432,362 27,466 11,352 4,999  DEPARTMENT Sheriff Office Parks and Rec Jail Finance Finance Finance  ACCOUNT# 1100-4310-43310 Maintenance- Vehicle 1100-6120-43320 Maintenance-suldings 1100-4320-43961 1100-4130-46400 Capital Outlay 1100-4130-46415 Equipment < $500 1100-4130-44100 Office Supply  DESCRIPTION  CHANGE 18,786 1,869 65,000 27,466 11,035 1,499 125,655  Contracted. Services Medical  TOTAL CHANGES  bmi KIRK SMITH, CHAIR  n  tvilun fnll HAILEY HALL, CERKTOTI THE BOARD  COUA      APPLICATION  Approved: Date:  PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY  County: Lee County LEA:  Contact Person: Chris McNeill  Dr. Andy Bryan  Title: Phone:  Director of Facilities & Mainten 919-776-4013  Address: 106 Gordon St Sanford NC 27330  Project Title: Security, Camera, and Vape Detectors Purchase and Installation  Location: Type of Facility: K-12  All Schools  North Carolina General Statutes, Chapter 18C, provides that a portion oft the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C-546.2. Further, G.S. 115C-546.2 (d) has been amended to include the following: (4)Acounty may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) Acounty may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities fori individual schools that are used fori instructional and related purposes, and does noti include central administration, maintenance, or other facilities. Applications must be submitted within one! year following the Short description of Construction Project: Upgrade Camera sytem to a web servers at all schools and  (3) No county shall have to provide matching funds...  date offinal payment to the Contractor or Vendor. add' Vape Detectors to Middle and High School  Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions/R Renovations Repair Debt Payment/E Bond Payment  $  500,000.00  TOTAL  $  500,000.00  Estimated Project Beginning Date: July 1,2023 days following completion of the project. project, and request release of$ pararfeters of GS 115C-546. 3  Est. Project Completion Date: June 30,2025  We, the undersigned, agree to submit a statement of state monies expended for this project within 60 The County Commissioners and the Board of Education do hereby jointly request approval oft the above Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the  500,000.00  from the Public School 05/6/3023  :  Commissioners)  (Date) 10MAy2023 (Date)  = Chair, Board of Education)  Form Date: July 01, 2011    This instrument has been preaudited in the manner required by the Local Government Budget  and Fiscal Control Act. Cundau Bumer Candace Iceman, Finance Director  514p3 Daté  NcEducaha lallerg  Fwbub Shol  FY3033 Applatahon  Dulduis Capiefind-  P.O. Box 1968 14 408 Summit Drive IS Sanford, NC: 27330 I(  (919)718-4605    PROCLAMATION RECOGNIZING THE SERVICE AND RETIREMENT OF SANDHILLS CENTER CHIEF EXECUTIVE OFFICER VICTORIA WHITT  WHEREAS, Victoria Whitt graduated from Rockingham High School in 1972, then from St. Andrews Presbyterian College in 1976 with a Bachelor of Arts Degree in Religion and Philosophy and a Master of Public Administration from the University of North Carolina at Charlotte in 1994, attended the Mental Health Leadership Academy at the University of WHEREAS, she worked as a Vocational Evaluator at the McLaurin Vocational Training Center from March 1977 until April 1980 when she became an Alternative Care Network Case Manager with the Sandhills Center/UNC Chapel Hill WHEREAS, Ms. Whitt moved into the Deinstitutionalization Program Director role at the Sandhills Center, the Coordinator of Psycho-Social Rehabilitation programs, the Coordinator of Outpatient Commitment efforts and processes, then the Hospital Liaison between Sandhills Center and all local and State psychiatricsubstance abuse inpatient programs WHEREAS, she then became the Demtinutiomalyatonevere and Persistent Mental Illness Services Coordinator at Sandhills Center: in April 1985 to September 1995, and assumed the role of Assistant Area Director until June 2003; and WHEREAS, Ms. Whitt became the Chief Operating Officer/Deputy Area Director in June 2003 until September 2009 before assuming the duties of Interim Chief Executive Officer (CEO) September 2009 until February 2010 when she was appointed as CEO/Area Director of the Sandhills Center Managed Care Organization, Local Management Entity and Area Authority, which was the highest rated LME-MCO on the annual Provider Satisfaction Survey for five years; and WHEREAS, as CEO, Ms. Whitt oversaw the purchase and1 building ofa administrative offices in Greensboro, West End and Asheboro; the building of Child and Adolescent Facility Based Crisis Centers in Greensboro and Rockingham; and the WHEREAS, Ms. Whitt oversaw the administration of $21,190,456, providing services to 1,054 Lee County residents WHEREAS, it is the desire oft the Lee County Board of Commissioners to recognize the achievements of Victoria Whitt for her dedicated service and many contributions to the Sandhills Center, as well as to the residents ofLee County; and NOW, THEREFORE, BEI IT PROCLAIMED, by thel Lee County Board of Commissioners that it congratulates Victoria Whitt for a careeri in public service and a genuine interest in and concern for Lee County, and wishes her continued success  Chapel Hill and thel Kenan Flagler School of Business in 2008 and 2009; and  Research Project from April 1980 until August 1983;and  from August 1983 until. April 1985; and  building and staffing ofal Behavioral Health Urgent Care Center in Asheboro; and  seeking Behavioral Health Care in 2022; and  in all her future endeavors, for both her and her family. Presented this 15th day of May, 2023.  ECOUANT   m 1rk D. Smith, nair Lee County Board of Commissioners  Smlu  ATTEST:  imthll Hailey Hall, Clerk to thel Board    REALTORS CommercialAllance, R  COMMERCIAL LEASE. AGREEMENT (Single Tenant Facility)  REALTORS North Carolina. Association OfREALTORS  (Note: This form is noti intended to be used as a Sublease and! SHOULD! NOT be used in Sublease circumstances) THIS COMMERCIAL LEASE AGREEMENT, including any and all addenda attached hereto ("Lease"), is by and between  Lee County Growth VLLC North Carolina limited liability company (individual or State of formation and type of entity) whose address is PODrawer 9. Sanford, NC27331 (individual or State of formation and type of entity)  a(n) and  ("Landlord"),  Lee County, a North Carolina body politic corporate in nature. and the City of Sanford  a(n) North Carolina municipal ("Tenant").  corporation 27330  whose address is Lee County: 408 Summit Drive, Sanford, NC 27330; City of Sanford: 225 E. Weatherspoon Street, Sanford, NC If this box is checked, the obligations of Tenant under this Lease are secured by the guaranty of For andi in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency 1.1 Landlord leases unto Tenant, and Tenant hereby leases and takes upon the terms and conditions which hereinafter appear, the following described property, including any improvements located thereon (hereinafter called the Premises"), to wit:  (name(s) of guarantor(s) attached hereto and  incorporated. herein by reference. (Note: Any guaranty should be prepared by an attorney at law.)  of which are hereby acknowledged, the parties hereto agree as follows:  PREMISES  (Address): 6000 Enterprise Park Drive. Sanford, North Carolina  X All 0 A portion of the property in Deed Reference: Book 1686, Page No.336, Lee County; consisting of approximately 17.693  acres.  Plat Reference: Lot(s) 6, Block or Section consisting of17.693 acres. reference.  as shown on Plat Book or Slide 2022 at Page(s) 55, Lee County,  Ifthis box is checked, Premises shall mean that property described on Exhibit A attached hereto and incorporated herewith by  (For information purposes only, the tax parcel number of thel Premises is: 9655-17-7408-00) amended from time to time, Tenant shall not allow occupancy of the Premises to exceed  0 Occupancy Limitation: Ift this box is checked, notwithstanding any greater occupancy oft thel Premises which may be permitted by any law, statute, ordinance, regulation, rule (including rules enacted pursuant to any private use restrictions), as the same may be  persons per.  square feet  in thel Premises at any one time.  TERM  2. The term of this Lease shall commence on April 1, 2023 ("Lease Commencement Date-"), and shall end at 11:59 p.m. (based upon the time at the locale of the Premises) on March 31, 2025, unless sooner terminated as herein provided. The first Lease Year Anniversary shall be the date twelve (12) calendar months after the first day of the first full month immediately following the Lease Commencement, Date and successive Lease Year Anniversaries shall be the date twelve (12) calendar months from the previous Lease 0 Ifthis box is checked, Tenant shall have the option of renewing this Lease, upon written notice given to Landlord at least  Year Anniversary.  days prior tot the end of the then expiring term ofthis Lease, for.  additional term(s) of  years each.  Page 1 of13  STANDARD FORM 592-T  VN AA  Revised 7/2020 07/2020  Tenant Initials/  R REALTOR9  Landlord Initials  g    0 Ifthis box is checked, Tenant shalll have the option of renewing this Lease, upon written notice given to Landlord at least days prior tot the end of thet then expiring term of this Lease, for additional term(s) as specified on Exhibit B. 00 Option to Lease- Ift this box is checked, Tenant, upon the payment of the sum of$  (which sum is not rental or security deposit hereunder, but is consideration for this Option to Lease and is non-refundable under any inspect the Premises and make inquiry regarding such sign regulations, zoning regulations, utility availability, private restrictions or permits or other regulatory requirements as Tenant may deem appropriate to satisfy itself as to the use of the Premises for Tenant's intended purposes. Tenant shall conduct all such on-site inspections, examinations, inquiries and other review of the Premises in a good and workmanlike manner, shall repair any damage to the Premises caused by Tenant's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Landlord's or any tenant's use and enjoyment of the Premises. In that respect, Tenant shall make reasonable efforts to undertake on-site inspections outside of the hours any tenant's business is open to the public and shall give prior notice to the tenant at the Premises of any entry onto the Premises for the purpose of conducting inspections. Upon Landlord's request, Tenant shall provide to Landlord evidence of general liability insurance. Tenant shall aiso have a right to review andi inspect all contracts or other agreements affecting or related directly to thel Premises and shall be entilled to review such books and records of Landlord that relate directly to the operation and maintenance of the Premises, provided, however, that" Tenant shall not disclose any information regarding the Premises (or any tenant therein) unless required by law and the same shall ber regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Tenant shall obtain their agreement to maintain such confidentiality. Tenant assumes all responsibility for the acts ofitself, its agents or representatives in exercising its rights under this Option to Lease and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Tenant shall survive the termination of this Option to Lease or this Lease. Tenant shall, at Tenant's expense, promptly repair any damage to the Premises caused by Tenant's entry and on-site inspections. IF TENANT CHOOSES NOT TO LEASE THE PREMISES, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO LANDLORD THEREOF PRIOR TO THE EXPIRATION OF THE OPTION PERIOD, THEN THIS LEASE SHALL TERMINATE AND NEITHER PARTY SHALL HAVE ANY FURTHER OBLIGATIONS HEREUNDER AND LANDLORD SHALL RETURN TO TENANT ANY RENTAL OR SECURITY DEPOSIT PAID TO LANDLORD HEREUNDER. Tenant shall be deemed to have exercised its Option to Lease and to be bound under the terms of this Lease if () Tenant shall occupy the Premises prior to the expiration of the Option Period, whereupon the date of occupancy shall be deemed the Lease Commencement Date, or (i) Tenant shall not provide written notice tol Landlord of its termination of this Lease prior to  circumstances) shall have a period of  days prior to the Lease Commencement Date ("Option Period") in which to  the expiration oft the Option Period. RENTAL 3.1 Beginning on April1,2023 $425.000.00  ("Rent Commencement Date"), Tenant agrees to pay  Landlord (or its Agent as directed by Landlord), without notice, demand, deduction or set off, an annual rental of day of each calendar month during the term hereof. Upon execution of this Lease, Tenant shall pay to Landlord the first monthly installment of rent due hereunder. Rental for any period during the term hereof which is less than one month shall be the pro-rated Ifthis box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted every provided for in paragraph 2 hereof and effectively exercised by Tenant, the rental adjustments provided herein shall apply to the term a Ifthis box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted every. or, (ii) the percentage increase (but not any decrease) in the numerical index of the "Consumer Price Index for All Urban Consumers" (1982-84 = 100) published by the Bureau ofLabor Statistics of the United States Department ofI Labor ("CPI") for the immediately R Ifthis box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted every is provided for in paragraph 2 hereof and effectively exercised by Tenant, the rental adjustments provided herein shall apply to the D Ifthis box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted as provided  payable in equal monthly installments of $35,417.00  in advance on the first  portion of the monthly installment of rental due, based upon a 30 day month.  Lease Year Anniversary by. of the Lease SO renewed, or  % over the amount then payable hereunder. In the event renewal of this Lease is  Lease Year Anniversary by the greater of: ().  percent C  %) over the amount then payable hereunder,  preceding twelve (12) month period over the amount then payable hereunder.  Lease Year Anniversary by $150.000.00  over the amount then payable hereunder. In the event renewal of this Lease  term of thel Lease so1 renewed. on. Exhibit B.  J Ifthis box is checked, Tenant shall pay all rental tol Landlord's Agent at the following address:  Page 2of13 Initials  STANDARD FORM 592-T  Tenant  7  Revised 7/2020 07/2020  Kpsa    LATE CHARGES  4. IfLandlord fails to receive full rentalj payment within thirty (30) days after itl becomes due, Tenant shall pay Landlord, as additional rental, a late charge equal to five percent (5%) of the overdue amount or $750.00 whichever is greater, plus any actual bank fees incurred for dishonored payments. The parties agree that such a late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of such late payment. The parties agree there will be no penalty assessed to the April 2023 and May 5. Upon the execution of this Lease, Tenant shall deposit with Landlord the sum of SN/A as a security deposit which shall be held by Landlord as security for the full and faithful performance by Tenant of each and every term, covenant and condition of this Lease. The security deposit does not represent payment ofand" Tenant shall: not presume application of same as payment of the last monthly installment oft rental due under this Lease. Landlord shalll have no obligation to segregate or otherwise account for the security deposit except as provided in this paragraph 5. Ifa any oft the rental or other charges or sums payable by Tenant shall be over-due and unpaid or should payments be made by Landlord on behalf of Tenant, or should Tenant fail to perform any of the terms of this Lease, then Landlord may, at its option, appropriate and apply the security deposit, or sO much thereof as may be necessary, to compensate toward the payment of the rents, charges or other sums due from Tenant, or towards any loss, damage or expense sustained by Landlord resulting from such default on the part of the Tenant; and in such event Tenant upon demand shall restore the security deposit to the amount set forth above in this paragraph 5. In the event Tenant furnishes Landlord with proof that all utility bills and other bills of Tenant related to the Premises have been paid through the date of Lease termination, and performs all of Tenant's other obligations under this Lease, the security deposit shall be returned to Tenant within sixty (60) days after the date of the expiration or sooner termination oft the term of this Lease and the surrender oft the Premises by Tenant in compliance with the provisions oft this Lease. If this box is checked, Agent shall hold the security deposit in trust and shall be entitled to thei interest, ifa any, thereon. 6. Landlord and Tenant agree that utility bills and service contracts ("Service Obligations") for the Premises shall be paid by the party indicated below as to each Service Obligation. In each instance, the party undertaking responsibility for payment ofa Service Obligation covenants that they will pay the applicable bills prior to delinquency. The responsibility to pay for a Service Obligation shall include all metering, hook-up fees or other miscellaneous charges associated with establishing, installing and maintaining such utility or contract in said party'sname. Within thirty (30) days of thel Lease Commencement Date, Tenant shall provide Landlord with  2023 invoices due to the timing of approval and execution of thel Lease.  SECURITY DEPOSIT  0  UTILITY: BILLS/SERVICE CONTRACTS  acopy ofany requested Tenant Service Obligation information.  Service Obligation  Landlord X X X X D D D D D X X XJ a x D 0 D L  Tenant D a 0 0 0 0 a a a D a a D D D D a J  D D  Not Applicable D D D 0 J X X XI X D 0 a XJ a 0 D a 0 0 D D  Sewer/Septic Water Electric Gas Telephone HVAC (maintenancelservice contract) Elevator (including phone line) Security System Fiber Optic Janitor/Cleaning Trash/Dumpster LamdscapmgManenante Sprinkler System (including phone line) Pest Control  Page3of13  STANDARD FORM 592-T  Revised 7/2020 07/2020  Tenant  Initials A6  Horpa-    Landlord shall not be liable for injury to Tenant's business or loss of income therefrom or for damage that may be sustained by the person, merchandise or personal property of Tenant, its employees, agents, invitees or contractors or any other person in or about the Premises, caused by or resulting from fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of any utility installations, air conditioning system or other components of the Premises, except to the extent that such damage or loss is caused by Landlord's gross negligence or willful misconduct. Landlord represents and warrants that the heating, ventilation and air conditioning system(s) and utility installations existing as of the Lease Commencement Date shall be in good order and repair. Subject to the provisions of this paragraph 6, Landlord shall not be liable in damages or otherwise for any discontinuance, failure or interruption of service to the Premises of utilities or the heating, ventilation and air conditioning system(s) and Tenant shall have no right to terminate this Lease or withhold 7.0 Ift this box is checked, the rules and regulations attached hereto ("Rules and Regulations") are made a part of this Lease. Tenant agrees to comply with all Rules andl Regulations ofLandlord in connection with the Premises which are in effect at the time of the execution of thel Lease or which may be from time to time promulgated by Landlord in its reasonable discretion, provided notice of such new Rules and Regulations is given to Tenant in writing and the same are not in conflict with the terms and conditions of this 8. The permitted use of the Premises shall be: the uses permitted by the MOU described on Exhibit B attached hereto and incorporated herein by reference ("Permitted Use"). The Premises shall be used and wholly occupied by Tenant solely for the purposes of conducting thel Permitted Use, and the Premises shall not be used for any other purposes unless Tenant obtains Landlord's prior written approval ofany change in use. Landlord makes no representation or warranty regarding the suitability of the Premises for or the legality (under zoning or other applicable ordinances) of the Permitted Use for the Premises, provided however, that Landlord does represent that it has no contractual obligations with other parties which will materially interfere with or prohibit the Permitted Use ofTenant at the Premises. AtTenant's sole expense, Tenant shall procure, maintain and make available for Landlord's inspection from time to time any governmental license(s) or permit(s): required for the proper and lawful conduct of Tenant's business in the Premises. Tenant shall not cause or permit any waste to occur in the Premises and shall not overload the floor, or any mechanicai, electrical, plumbing or utility systems serving the Premises. Tenant shall keep the Premises, and every part thereof, ina clean and wholesome condition, free from any objectionable noises, loud music, objectionable odors or nuisances.  rental because of the same. RULES. AND REGULATIONS  Lease. PERMITTED USES  TAXES AND: INSURANCE  (Note: The following box should only be checked if there are no boxes checked below inj paragraph 9.) J If this box is checked, Tenant shall have no responsibility to reimburse Landlord for taxes or insurance.  9. Landlord shall pay all taxes (including but not limited to, ad valorem taxes, special assessments and any other govemmental charges) on the Premises and shall procure and pay for such commercial general liability, broad form fire and extended and special perils insurance with respect to the Premises as Landlord in its reasonable discretion may deem appropriate. Tenant shall reimburse Landlord for all taxes and insurance as provided herein within fifteen (15) days after receipt of notice from Landlord as to the amount due. Tenant shall be solely responsible for insuring Tenant's personal and business property and for paying any taxes or governmental assessments levied thereon. Tenant shall reimburse Landlord for taxes and insurance during the term of this Lease, and any extension  orrenewal thereof. Ifboxes are checked below, the manner of reimbursement shalll be: asi indicated:  Taxes a D  The amount by which all taxes (including but not limited to, ad valorem taxes, special assessments and any other All taxes (including but not limited to, ad valorem taxes, special assessments and any other governmental charges) on the Ift the final Lease Year of the term fails to coincide with thet tax year, then any excess for the tax year during which the term ends shall be reduced by the pro rata part of such tax year beyond the Lease term. If such taxes for the year in which the Lease terminates are not ascertainable before payment of the last month's rental, then the amount of such taxes assessed against the Premises for the previous tax year shall be used as a basis for determining the pro rata share, if any, to be paid by Tenant for that portion of the last  governmental charges) on the Premises for each tax year exceed all taxes on the Premises for the tax year  or  Premises fore each tax year.  Lease Year.  Page 4 of13  AD - a  STANDARD FORM 592-T  Tenant Initial4  Landlord Initials  Revised 7/2020 07/2020    Ifti this box is checked, Tenant shall reimburse Landlord for taxes by paying to Landlord, beginning on the Rent Commencement Date and on the first day of each calendar month during the term hereof, an amount equal to one- twelfth (1/12) of the then current tax payments for the Premises. Upon receipt of bills, statements or other evidence oftaxes due, Landlord shall pay or cause to bej paid the taxes. Ifat any time the reimbursement payments by Tenant hereunder do not equal the amount of taxes paid by] Landlord, Tenant shall upon demand pay tol Landlord an amount equal toi the deficiency or Landlord shall refund to Tenant any overpayment (as applicable) as documentedt by Landlord. Landlord shall have no obligation to segregate or otherwise account for the tax reimbursements paid  hereunder except as provided in this paragraph 9.  Insurance  the excess cost of commercial general liability, broad form fire and extended and special perils insurance with respect to the the cost of all commercial general liability, broad form fire and extended and special perils insurance with respect to the Ifthis box is checked, Tenant shall reimburse Landlord for insurance by paying to Landlord, beginning on the Rent Commencement Date and on the first day of each calendar month during the term hereof, an amount equal to one- twelfth (1/12) of the then current insurançe premiums for the Premises. Upon receipt of bills, statements or other evidence ofi insurance premiums due, Landlord shall pay or cause to be paid thei insurance premiums. Ifat any time ther reimbursement payments by Tenant hereunder doi not equal the amount ofinsurance premiums paid by Landlord, Tenant shall upon demand pay tol Landlord an amount equal to the deficiency or Landlord shall refund to Tenant any overpayment (as applicable) as documented by Landlord. Landlord shall have no obligation to segregate or otherwise account for thei insurance premium reimbursements paid hereunder except as providedi in this paragraph 9. Provided however, notwithstanding any provision of the foregoing, that in the event Tenant's use of the Premises results in an increase in the rate ofi insurance on the Premises, Tenant shall pay to Landlord, upon demand and as additional rental, the amount of any such 10. (a) During the term of this Lease, Tenant may maintain commercial general liability insurance coverage (occurrence coverage) with broad form contractual liability coverage and with coverage limits of not less than N/A combined single limit, per occurrence, specifically including liquor liability insurance covering consumption of alcoholic beverages by customers of Tenant should Tenant choose to sell alcoholic beverages. Such policy shall insure Tenant's performance of thei indemnity provisions of this Lease, but the amount of such insurance shall not limit Tenant's liability nor relieve Tenant of any obligation hereunder. All policies of insurance provided for herein shall name as "additional insureds" Landlord, Landlord's Agent, all mortgagees of Landlord and such other individuals or entities as Landlord may from time to time designate upon written notice to Tenant. Tenant shall provide tol Landlord, at least thirty (30) days prior to expiration, certificates of insurance to evidence any renewal or additional insurance procured by Tenant. Tenant shall provide evidence of all insurance required under this Lease tol Landlord prior to the Lease Commencement, Date. (b) Landlord (for itself and its insurer) waives any rights, including rights of subrogation, and Tenant (for itself and its insurer) waives any rights, including rights of subrogation, each may have against the other for compensation of any loss or damage occasioned to Landlord or Tenant arising from any risk generally covered by the "all risks" insurance required to be carried by Landlord and Tenant. The foregoing waivers of subrogation shall be operative only sO long as available in the State of North Carolina. The foregoing waivers shall be effective whether or not the parties maintain thei insurance required tol be carried pursuant to 11. Landlord agrees to keep in good repair the roof, foundation, structural supports and exterior walls of the buildings located on the Premises (exclusive ofall glass and exclusive ofalle exterior doors) and, except as may be specifically allocated to Tenant inj paragraph 121 herein, Landlord agrees tol be responsible for capital replacements on the Premises; provided that Landlord shall not be responsible for repairs or capital replacements rendered necessary by the negligence or intentional wrongful acts of Tenant, its employees, agents, invitees or contractors. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair or replace and failure to report such conditions shall make Tenant responsible to Landlord for any liability incurred (Note: Should Landlord and Tenant need to further detail the allocation of responsibility hereunder, the Special Stipulations  Premises overt the cost of thef first year of thel Lease term for each subsequent; year during thet term of this Lease; or  L Premises.  increase.  INSURANCE; WAIVER; INDEMNITY  this Lease.  REPAIRS BYI LANDLORD  by Landlord by reason of such conditions.  box at the end of the. Lease should be checked and such allocation should be specified on an Exhibit B.)  Page 5 of13  hh  An  STANDARD FORM 592-T  Tenant Initi  Auamdlandi Initials AA  Revised 7/2020 07/2020    ADDITIOMALREPAIRS BY LANDLORD  12. (a) Tenant accepts the Premises in their present condition and as suited for the Permitted Use and Tenant's intended purposes. Landlord, throughout the initial term of this Lease, and any extension or renewal thereof, at its expense, shall maintain in good order and repair thel Premises, (except those repairs expressly required tol be made by Landlord hereunder), specifically including but not limited to any building and other improvements located thereon, alll light bulb and ballast replacements, plumbing fixtures and systems repairs within the Premises and water heater repairs. Landlord further agrees to care for the grounds around the building, including the mowing of grass, care of shrubs and general landscaping. Tenant shall use only licensed contractors for any repairs made by Tenant where such liçense is required. Landlord shall have the right to approve the contractor as to any repairs in excess of a If this box is checked, Tenant, at its expense, shall maintain the heating, ventilation and air conditioning system(s) ("HVAC Systems") in good order and repair, including but not limited to replacement of parts, compressors, air handling units and heating units. Tenant shall be required to maintain a preventive maintenance contract for the HVAC Systems on terms and with a provider reasonably acceptable to Landlord, which contract shall call for at least semi-annual maintenance, inspection and repair of such HVAC Systems ("HVAC Contract"). Tenant shall provide a copy of the HVAC Contract to Landlord annually. Provided that: () Tenant has kept the HVAC Contract in force, and, (i) Tenant shall have obtained Landlord's prior written approval of the contractor and the repair or replacement expenses for the HVAC Systems, then, for any calendar year, Tenant shall be responsible for the cost of repairing or replacing the HVAC Systems (or any major component thereof) up to $10.000.00 per HVAC System with a maximum repair or replacement cost of $25.000.00 for all HVAC Systems ("HVAC Cap") in such year. Tenant shall provide Landlord copies of all records related to the servicing, maintenance, repair, and replacement of the HVAC Systems upon the occurrence of any service, maintenance, repair, or replacement of the HVAC Systems. Landlord shall be responsible for paying the XJ Ift this box is checked, Landlord, at its expense, shall maintain the heating, ventilation and air conditioning system(s) ("HVAC Systems") in good order and repair, including but not limited to replacement of parts, compressors, air handling units and heating units. Provided that, Tenant shall reimburse Landlord for the cost of repairing or replacing the HVAC Systems (or any major component thereof) an amount up to $0.00 per HVAC System with a maximum replacement cost of $0.00 for all HVAC Systems ("HVAC Cap") in such year. Landlord shall be responsible for paying the repair cost or replacement cost of such HVAC System in excess of the HVAC Cap. Tenant shall reimburse Landlord for the amount of the HVAC Cap payable hereunder upon the written (b) Tenant, Tenant's employees, agents, invitees or contractors shall take no action which may void any manufacturers or installers warranty with relation to the Premises. Tenant shall indemnify and hold Landlord harmless from any liability, claim, 13. Tenant shall not make any alterations, additions, or improvements to the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord, in connection with Landlord's consent to same, may designate any such alterations, additions, or improvements to the Premises as subject to removal upon the expiration or earlier termination of this Lease, in which case, upon Landlord's written notice to Tenant to remove same at the expiration or earlier termination of this Lease, Tenant shall do so andi restore the Premises to the condition that existed prior to such alterations, additions, or improvements being made. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this paragraph 13 upon Landlord's written request. All approved alterations, additions, and improvements will be accomplished ina good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord, free of any liens or encumbrances. Tenant has no authority to allow, and will not permit, any contractors', laborers', mechanics', or materialmen's liens, or any other similar liens filed against the Premises in connection with any alterations, additions, or 14. Tenant shall schedule its move date with Landlord, in writing, in advance of the expiration or earlier termination of this Lease. Tenant agrees to return the Premises to Landlord at the expiration or earlier termination of this Lease, broom clean and in as good condition andi repair as on thel Lease Commencement, Date, natural wear and tear, damage by storm, fire, lightning, earthquake or other casualty alone excepted. By written notice to Tenant, Landlord may require Tenant to remove any alterations, additions or improvements at the expiration or earlier termination oft this Lease (whether or not made with Landlord's consent and whether or not designated via paragraph 13 as subject to removal) and to restore the Premises to its prior condition as of the Lease Commencement Date, all at Tenant's expense. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord's property and shall be surrendered tol Landlord upon the termination of this Lease, except that Tenant may remove  $0.00.  repair cost or replacement cost ofs such HVAC System in excess of thel HVAC Cap.  request ofI Landlord.  demand or cause of action arising on account of Tenant's breach of the provisions of this paragraph 12.  ALTERATIONS  improvements to the Premises. SURRENDERING THE PREMISES  Page 6of13  Bmhns  STANDARD FORM 592-T  Tenant Initiale  Landlord Initial/A 7  Revised 7/2020 07/2020    any of Tenant's personal property or trade fixtures which can be removed without material damage to the Premises. Tenant shall repair, at Tenant's expense, any damage to thel Premises caused by ther removal ofany such personal property or trade fixtures. (Note: Should Landlord and' Tenant need to further enumerate their intent/understanding as to the status ofi items or property as fixtures, trade fixtures, or personal property hereunder, the Special Stipulations box at the end of the Lease should be 15. (a) Ift thel Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, Landlord shall have the right to terminate this Lease on written notice to Tenant within thirty (30) days after such destruction and this Lease shall terminate as of (b) If the Premises are damaged but not wholly destroyed by any such casualties or if the Landlord does not elect to terminate the Lease under paragraph 15(a) above, Landlord shall commence (or shall cause to be commenced) reconstruction of the Premises within one hundred twenty (120) days after such occurrence and prosecute the same diligently to completion, not to exceed two hundred seventy (270) days from the date upon which Landlord receives applicable permits andi insurance proceeds. In the event Landlord shall fail to substantially complete reconstruction of the Premises within said two hundred seventy (270) day period, (c) In the event of any casualty at the Premises during the last one (1) year of the Lease Term, Landlord and Tenant each shall have the option to terminate this Lease on written notice to the other of exercise thereof within sixty (60) days after such (d) In the event of reconstruction of the Premises, Tenant shall continue the operation ofi its business in the Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management, and the obligation of Tenant to pay annual rental and any other sums due under this Lease shall remain in full force and effect during the period of reconstruction. The annual rental and other sums due under this Lease shall be abated proportionately with the degree to which Tenant's use of the Premises is impaired, commencing from the date of destruction and continuing during the period of such reconstruction. Tenant shall not be entitled to any compensation or damages from Landlord for loss of use of the whole or any part of the Premises, Tenant's personal property, or any inconvenience or annoyance occasioned by such damage, reconstruction or (e) In the event of the termination of this Lease under any of the provisions of this paragraph 15, both Landlord and Tenant shall be released from any liability or obligation under this Lease arising after the date oft termination, except as otherwise provided for 16. Tenant, at its own expense, agrees to comply with: (a) any law, statute, ordinance, regulation, rule, requirement, order, court decision or procedural requirement of any governmental or quas-govemmental authority having. jurisdiction over thel Premises, (b) the rules and regulations of any applicable governmental insurance authority or any similar body, relative to the Premises and Tenant's activities therein; (c) provisions of or rules enacted pursuant to any private use restrictions, as the same may be amended from time to time and (d) the Americans with Disabilities Act (42 U.S.C.S. $12101, et seq.) and the regulations and accessibility guidelines enacted pursuant thereto, as the same may be amended from time tot time. Landlord and' Tenant agree, however, that ifi in order to comply with such requirements the cost to Tenant shall exceed a sum equal to one (1); year's rent, then Tenant may terminate this Lease by giving written notice of termination to Landlord in accordance with the terms of this Lease, which termination shall become effective sixty (60) days after receipt of such notice and which notice shall eliminate the necessity of compliance with such requirements, unless, within thirty (30) days of receiving such notice, Landlord agrees in writing to be responsible for such compliance, at its own expense, and commences compliance activity, in which case Tenant'sr notice given hereunder shall not terminate this Lease.  checked and such enumeration should bes specified by listing same by category on an Exhibit B.)  DESTRUCTION OF OR DAMAGE TO PREMISES  the date ofs such destruction and rental shalll be accounted for as between Landlord and Tenant as of that date.  Tenant's sole remedy shall be to terminate this Lease.  occurrence.  replacement. int this Lease.  GOVERMMENTAL ORDERS  CONDEMNATION  17. (a) If the entire Premises shall be appropriated or taken under the power of eminent domain by any governmental or quasi- governmental authority or under threat of and inl lieu of condemnation (hereinafter, "laken" or "taking"), this Lease shall terminate as oft the date of such taking, and Landlord and Tenant shall have no further liability or obligation arising under this Lease after such (b) Ifmore than twenty-five percent (25%) of the floor area of any building of the Premises is taken, or if by reason of any taking, regardless of the amount so taken, the remainder of the Premises is not one undivided space or is rendered unusable for the Permitted Use, either Landlord or Tenant shall have the right to terminate this Lease as of the date Tenant is required to vacate the portion of the Premises taken, upon giving notice of such election within thirty (30) days after receipt by Tenant from Landlord of written notice that said Premises have been or will be so taken. In the event of such termination, both Landlord and Tenant shall be  date, except as otherwise provided fori in this Lease.  Page7of13  STANDARD FORM 592-T  Tenant  Revised 7/2020 07/2020  Mopasn E    released from any liability or obligation under this Lease arising after the date of termination, except as otherwise provided fori in this  Lease.  (C)L Landlord and' Tenant, immediately after learning of any taking, shall give notice thereof to each other.  (d) If this Lease is not terminated on account ofat taking as provided herein above, then Tenant shall continue to occupy that portion of the Premises not taken and the parties shall proceed as follows: (i) at Landlord's cost and expense and as soon as reasonably possible, Landlord shall restore (or shall cause tol be restored) the Premises remaining toa complete unit of like quality and character as existed prior tos such appropriation or taking, and (ii) the annual rent provided for inj paragraph 3 and other sums due under thel Lease shall be reduced on an equitable basis, taking into account the relative values of the portion taken as compared to the portion remaining. Tenant waives any statutory rights of termination that may arise because of any partial taking oft thel Premises. (e) Landlord shall be entitled to the entire condemnation award for any taking of the Premises or any part thereof. Tenant's right to receive any amounts separately awarded to Tenant directly from the condemning authority for the taking ofi its merchandise, personal property, relocation expenses and/or interests in other than the real property taken shall not be affected in any manner by the provisions of this paragraph 17, provided Tenant' 's award does not reduce or affect Landlord's award and provided further, Tenant 18. Tenant shall not assign this Lease or any interest hereunder or sublet the Premises or any part thereof, or permit the use oft the Premises by any party other than the Tenant, without Landlord's prior written consent, which consent may be withheld, conditioned or delayed in Landlord's sole discretion. Consent to any assignment or sublease shall not impair this provision and all later assignments or subleases shall be made likewise only on the prior written consent ofLandlord. No sublease or assignment by Tenant shall relieve 19. The happening of any one or more of the following events (hereinafter any one of which may be referred to as an "Event of Default") during the term of this Lease, or any renewal or extension thereof, shall constitute al breach oft this Lease on the part oft the Tenant: (a) Tenant fails to pay when due the rental or any other monetary obligation as provided for herein; (b) Tenant abandons or vacates the Premises; (c) Tenant fails to comply with or abide by and perform any non-monetary obligation imposed upon Tenant under this Lease within thirty (30) days after written notice of such breach; (d) Tenant is adjudicated bankrupt; (e) A permanent receiver is appointed for Tenant's property and such receiver is not removed within sixty (60) days after written notice from Landlord to Tenant to obtain such removal; () Tenant, either voluntarily or involuntarily, takes advantage of any debt or relief proceedings under any present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred and suchj proceeding is not dismissed within sixty (60) days of the filing thereof; (g) Tenant makes an assignment for benefit of creditors; or (h) Tenant's effects are levied upon or attached under process against Tenant, which is not satisfied or dissolved within thirty (30) 20. Upon the occurrence of Event of Default, Landlord may pursue any one or more of the following remedies separately or concurrently, without prejudice to any other remedy herein provided or provided by law: (a) Landlord may terminate this Lease by giving written notice to' Tenant and upon such termination shall be entitled to recover from Tenant damages as may be permitted under applicable law; or (b) Landlord may terminate this Lease by giving written notice to Tenant and, upon such termination, shall be entitled to recover from the Tenant damages in an amount equal to all rental which is due and all rental which would otherwise have become due throughout the remaining term of this Lease, or any renewal or extension thereof (as if this Lease had not been terminated); or (c) Landlord, as Tenant's agent, without terminating this Lease, may enter upon and rent the Premises, in whole ori in part, at the best price obtainable by reasonable effort, without advertisement and by private negotiations and for any term Landlord deems proper, with Tenant being liable to Landlord for the deficiency, ifany, between Tenant's rent hereunder and the price obtained by) Landlord on reletting, provided however, that Landlord shall not be considered tol be under any duty by reason of this provision to take any action to mitigate damages by reason ofTenant's default and expressly shall have no duty to mitigate Tenant's damages. No termination oft this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord's right to collect rent for the period prior to termination thereof. Tenant acknowledges and understands that Landlord's acceptance of partial rental will not waive Tenant's breach of this Lease or limit Landlord's rights against Tenant hereunder or Landlord's right to evict Tenant througha 21. Tenant shall place no signs upon the outside walls, doors or roof of the Premises, except with the express written consent of the Landlord in Landlord's sole discretion. Any consent given by Landlord shall expressly not be a representation of or warranty of any legal entitlement to signage at the Premises. Any and all signs placed on the Premises by Tenant shall be maintained in compliance  shall have no claim for the loss of its leasehold estate. ASSIGNMENT AND SUBLETTING  Tenant of any liability hereunder. EVENTS OFI DEFAULT  days after written notice from Landlord to Tenant to obtain satisfaction thereof.  REMEDIES UPON DEFAULT  summary ejectment proceeding, whether filed before or after Landlord's: acceptance of any such partial rental.  EXTERIOR SIGNS  Page 8 of13 ALE  STANDARD FORM 592-T  Tenant  Revised 7/2020 07/2020  Mo-    Lease beyond any applicable cure period set forth herein. Tenant acknowledges that any Landlord mortgagee has the right to subordinate at any time its interest in this Lease and thel leasehold estate to that ofTenant, without' Tenant's s consent. (b) IfLandlord sells, transfers, or conveys its interest in the Premises or this Lease, or ift the same is foreclosed judicially or nonjudicially, or otherwise acquired, by a Landlord mortgagee, upon the request of Landlord or Landlord's successor, Tenant shall attorn to said successor, provided said successor accepts thel Premises subject tot this Lease. Tenant shall, upon the request ofLandlord or Landlord's successor, execute an attornment agreement confirming the same, in form and substance acceptable to Landlord or Landlord's successor and Landlord. shall thereupon be released and discharged from all its covenants and obligations under this Lease, except those obligations that have accrued prior to such sale, transfer or conveyance; and Tenant agrees tol look solely to the suçcessor ini interest of1 Landlord for the performance of those covenants accruing after such sale, transfer or conveyance. Such agreement shall provide, among other things, that said successor shall not bel bound by (a) any prepayment ofmore than one (1) month's rental (except the Security Deposit) or (b) any material amendment of this Lease made after the later oft the Lease Commencement Date or the date (c) Within ten (10) days after request from Landlord, Tenant shall execute and deliver to Landlord an estoppel certificate (to be prepared by Landlord and delivered to Tenant) with appropriate facts then in existence conceming the status of this Lease and Tenant's occupancy, and with any exceptions thereto noted in writing by Tenant. Tenant's failure to execute and deliver the Estoppel Certificate within said ten (10) day period shall be deemed to make conclusive and binding upon Tenant in favor ofLandiord and any 27. Tenant shall not abandon thel Premises at any time during the Lease term. IfTenant shall abandon the Premises or be dispossessed by process of law, any personal property belonging to Tenant and left on the Premises, at the option of Landlord, shall be deemed abandoned, and available tol Landlord to use or sell to offset any rent due or any expenses incurred by removing same and restoring the 28. All notices required or permitted under this Lease shall be in writing and shall be personally delivered or sent by U.S. certified mail, return receipt requested, postage prepaid. Notices to Tenant shall be delivered or sent to the address shown at the beginning of this Lease, except that upon' Tenant taking possession of the Premises, then the Premises shalll be Tenant's address for such purposes. Notices to Landlord shall be delivered or sent to the address shown at the beginning of this Lease and notices to Agent, ifany, shall be delivered or sent to the address set forth in Paragraph 3 hereof. All notices shalll be effective upon delivery. Any party may change its 29. Except as expressly provided herein, Tenant and Landlord agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out of the lease of the Property to Tenant. Tenant and Landlord represent and warrant to each other that: () except as to the brokers designated below ("Brokers"), they have not employed nor engaged any! brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into  that such: successor'sl lien or interest first arose, unless said successor shalll have consented to such amendment.  potential mortgagee or transferee the statements contained in such estoppel certificate without exception.  ABANDONMENT Premises. NOTICES  notice address upon written notice to the other parties, given as provided herein.  BROKERS  as amongst thel Brokers, the Tenant and/or thel Landlord.  N/A and N/A  ("Listing Agency"), ("Leasing Agency"),  ("Listing Agent" - License #_ ("Leasing Agent"- License #  Acting as: D Landlord's. Agent; OI Dual Agent  Acting as: 0 Tenant's Agent;  0 Landlord's (Sub)Agent;  Dual Agent  GENERALTERMS  30. (a) "Landlord" as used in this Lease shall include the undersigned, its heirs, representatives, assigns and successors in title to thel Premises. Agent" as used in this Lease shall mean the party designated as same inl Paragraph 3, its heirs, representatives, assigns ands successors. "Tenant" shall include the undersigned and its heirs, representatives, assigns and successors, andi ift this Lease shalll be validly assigned or sublet, shall include also Tenant's assignees or sublessees as to the Premises covered by such assignment or sublease. "Landlord", "Tenant", and "Agent" include male and female, singular and plural, corporation, partnership or individual, as (b) No failure ofLandlord to exercise any power given) Landlord hereunder or to insist upon strici compliance by Tenant of its obligations hereunder and no, custom or practice of the parties at variance with the terms hereof shall constitute a waiver of  may fit the particular parties.  Page 10 of13 Initials SB  STANDARD FORM: 592-T  Tenant  Revised 7/2020 07/2020  Mepbn    with governmental rules and regulations governing such signs and Tenant shall be responsible tol Landlord for any damage caused by 22. Landlord may advertise the Premises "For Rent" atall times days before the termination of this Lease. Landlord may enter the Premises upon prior notice at reasonable hours to exhibit same to prospective purchasers or tenants, to make repairs required of Landlord under the terms hereof, for reasonable business purposes and otherwise as may be agreed by) Landlord and' Tenant. Landlord may enter the Premises at any time without prior notice, in the event of an emergency or to make emergency repairs to the Premises. Upon request of Landlord, Tenant shall provide Landlord with a functioning key to the Premises and shall replace such key if the 23. So long as Tenant observes and performs the covenants and agreements contained herein, it shall at all times during the Lease 24. IfTenant remains in possession of the Premises after expiration of the term hereof, Tenant shall be a tenant at sufferance and there shall be no renewal of this Lease by operation of law. In such event, commencing on the date following the date of expiration of the term, the monthly rental payable under Paragraph 3 above shall for each month, or fraction thereofduring which Tenant sO remains in 25. (a) Tenant covenants that with respect to any Hazardous Materials (as defined below) it will comply with any and all federal, state or local laws, ordinances, rules, decrees, orders, regulations or court decisions relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under or about the Premises or soil and ground water conditions, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act, the Hazardous Materials Transportation Act, any other legal requirement concemning hazardous or toxic substances, and any amendments to the foregoing (collectively, all such matters being "Hazardous Materials Requirements"). Tenant shall remove from the Premises, all Hazardous Materials that were placed on the Premises by Tenant or Tenant's employees, agents, invitees or contractors, either after their use by Tenant or upon the expiration or earlier termination of this (b) Tenant shall be responsible for obtaining all necessary permits in connection with its use, storage and disposal of Hazardous Materials, and shall develop and maintain, and where necessary file with the appropriate authorities, all reports, receipts, manifest, filings, lists and invoices covering those Hazardous Materials and Tenant shall provide Landlord with copies of all such items upon request. Tenant shall provide within five (5) days after reçeipt thereof, copies of all notices, orders, claims or other correspondence from any federal, state or local government or agency alleging any violation of any Hazardous Materials Requirements by Tenant, or related in any manner to Hazardous Materials. In addition, Tenant shall provide Landlord with copies of  installation, use or maintenance ofs said signs, and all damage incident to removal thereof.  LANDLORD'S ENTRY OF PREMISES  locks to thel Premises are changed. QUIET ENJOYMENT HOLDING OVER  term peacefully and quietly have and enjoy possession oft thel Premises, subject to the terms hereof.  possession oft thel Premises, bet twice the monthly rental otherwise payable under Paragraph: 3 above.  ENVIRONMENTAL LAWS  Lease, in compliance with all Hazardous Materials Requirements.  all responses to such correspondence at thet time oft the response.  (c) Intentionally omitted.  (d) For purposes of this Lease, "Hazardous Materials" means any chemical, compound, material, substance or other matter that: (i) is defined as a hazardous substance, hazardous material or waste, or toxic substance pursuant to any Hazardous Materials Requirements, (ii) is regulated, controlled or governed by any Hazardous Materials Requirements, (iii) is petroleum or a petroleum product, or (iv) is asbestos, formaldehyde, a radioactive material, drug, bacteria, virus, or other injurious or potentially injurious  material (by itself or in combination with other materials). SUBORDINATION: ATTORNMENT; ESTOPPEL  (e) The warranties contained in this paragraph 25 shall survive the termination of this Lease.  26. (a) This Lease and all of Tenant's rights hereunder are and shall be subject and subordinate to all currently existing and future mortgages affecting the Premises. Within ten (10) days after the receipt of a writien request from Landlord or any Landlord mortgagee, Tenant shall confirm such subordination by executing and delivering Landlord and Landlord's mortgagee a recordable subordination agreement and such other documents as may be reasonably requested, inf form and content satisfactory to. Landlord and Landlord's mortgagee. Provided, however, as a condition to Tenant's obligation to execute and deliver any such subordination agreement, the applicable mortgagee must agree that mortgagee shall not unilaterally, materially alter this Lease and this Lease shall not be divested by foreclosure or other default proceedings thereunder so long as Tenant shall not be in default under the terms of this  Page 9 of13 E  IA  STANDARD FORM: 592-T  Tenant Initiz  Landlord Initials  Revised' 7/2020 07/2020    Landlord's right to demand exact compliance with the terms hereof. All rights, powers and privileges conferred hereunder upon  parties hereto shall be cumulative and not: restrictive of those given by law.  (c) Timei is of the essence in this Lease.  (d) This Lease: may be executed in one or more counterparts, which taken together, shall constitute one and the same original document. Copies of original signature pages of this Lease may be exchanged via facsimile or e-mail, and any such copies shall constitute originals. This Lease constitutes the sole and entire agreement among the parties hereto and no modification of this Lease shall be binding unless in writing and signed by all parties hereto. The invalidity of one or more provisions of this Lease shall not affect the validity of any other provisions hereof and this Lease shall be construed and enforced asi ifs such invalid provisions were not (e) Each signatory to this Lease represents and warrants that he or she has full authority to sign this Lease and such instruments as may be necessary to effectuate any transaction contemplated by this Lease on behalf of the party for whom he or she signs and that his or her signature binds such party. The parties acknowledge and agree that: (i) the initials lines at the bottom of each page of this) Lease are merely evidence oft their having reviewed the terms of each page, and (ii) the complete execution of suchi initials () Upon request by either Landlord or Tenant, the parties hereto shall execute a short form lease (memorandum of lease) in recordable form, setting forth such provisions hereof (other than the amount of annual rental and other sums due) as either party may wish toi incorporate. The cost of recording such memorandum ofl lease shall be bornel by the party requesting execution ofs same. (g) If legal proceedings are instituted to enforce any provision of this Lease, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection with the proceeding. X If this box is checked, additional terms of this Lease are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft lease provisions.)  included.  lines shall not be a condition of the effectiveness of thisl Lease.  SPECIAL STIPULATIONS  [Signatures on following page(s).]  Page 11 of13 Landlord Initials A E  STANDARD FORM592-T  Tenant Initigis  Revised 7/2020 07/2020    THIS DOCUMENT IS A LEGAL DOCUMENT. EXECUTION OF THIS DOCUMENT HAS LEGAL CONSEQUENCES THAT COULD BE ENFORCEABLE IN A COURT OF LAW. THE NORTH CAROLINA ASSOCIATION OF REALTORSO MAKES NOREPRESENTATIONS CONCERNING THE LEGALSUPFICIENCY, LEGAL EFFECT ORTAX CONSEQUENCES OF THIS DOCUMENT OR THE TRANSACTION TO WHICH IT RELATES AND RECOMMENDS THAT YOU CONSULT YOUR  ATTORNEY. LANDLORD: Individual Date:  IN WITNESS WHEREOF, the parties hereto have hereunto caused this Lease to be duly executed.  Business Entity  LEECOUNTY GROWTH VLLC By 5 KirkJ.B Bradley Title: Manager Date: City  (Name of] Firm)  Date:  S.Lh32  TENANT: County LEECOUNTY  CITTOFSANFORD  Print Name: LD-Smin  Print Name: Rebecoa lyhofSalmor  Title: ChuirBud of Comvusiones  Title: Mayor  Date:  Date:  55,2023  May 16,2023  This instrument has been preaudited in the manner required by thel Local Government Budget and Fiscal Control. Act.  CondaaDquman Finance Officer, Lee County Date: 51523  This disbursement: has been approved ast required by the Local Govemment Budget and! Fiscal Control. Act. Finance Officer, Sanford North Carolina  Behallauy  Finance Officer, City of Sanford  Date:  Page 12 of13  STANDARD FORM 592-T  Revised 7/2020 07/2020    Exhibit B to Commercial Lease. Agreement between Lee County Growth VLLC, Landlord, and Lee County and City of Sanford, Tenant  1. Memorandum ofUnderstanding- This Lease is subject to the terms and conditions oft that certain Memorandum ofUnderstanding. dated March 15, 2021, among Landlord, Tenant and Sanford-Lee County Partnership for Prosperity d/b/a Sanford Area Growth Alliance, a nonprofit corporation, as amended by that certain First Amendment tol Memorandum of Understanding effective as of January 18, 2022 (as amended, the MOU"), and the terms and conditions oft the MOU are incorporated into and made aj part oft this Lease to thes same extent asi if set forth fully herein. Landlord shall have the right to terminate thet term of this Lease by written notice to Tenant at any time after Landlord enters into an: agreement to sell or lease thel Premises to an' "End User" as defined in thel MOU. 2. No Obligation to Provide HVAC Systems. Notwithstanding any provisions oft this Lease to the contrary, including, but notl limited to, Section 12, Landlord and Tenant acknowiedge and agree that as of the date ofe execution of this Lease, nol HVAC: Systems have beeni installed or are operable on the Premises. Landlord shalll have no obligation to install or provide HVAC Systems on thel Premises  during the term oft this Lease.  Page 13 of13 pNg  STANDARD FORM 592-T  Tenant Initials  pASma Initials  Revised 7/2020 07/2020    Space above. line forl Processing Data  Prepared By and Return To: Paul M. Fogleman Womblel Bond! Dickinson (US)LLP 555 Fayetteville Street, Suite 1100 Raleigh, NC27601  SUBORDINATION,NON,NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (hereinafter COUNTY GROWTH VLLC, al North Carolina! limited liability company (hereinafter referred to as the "Owner"), CARTER BANK & TRUST, a Virginia banking corporation (hereinafter referred to as the "Lender"), and LEE COUNTY,al North Carolinal body politic corporate in nature, and CITY OF SANFORD, a. North Carolina municipal  referred to as the "Agreement"), made and entered into this day of corporation (collectively hereinafter referred to as the "Tenant").  2023, by and among LEE  WITNESSETH:  WHEREAS, the Owner owns all right, title andi interest in that certain real property being, lying and situated inl Lee County, North Carolina, and more particularly described ini the on ExhibitA attached hereto (the "Property"); WHEREAS, the Property and the improvements located thereon are thes subject ofal lease dated as of_ 2023 made by and between the Owner and Tenant (together with all modifications thereto, the "Lease"), whereby the Tenant has agreed to lease the all or a portion of the Property and the improvements located WHEREAS, aj promissory note has or will be given by the Owner to the Lender, secured by, among other things, a Deed of Trust, Assignment of Rents and Security Agreement dated as of May 6, 2022 (collectively the "Security Instrument"), encumbering thel Property and the Leased Premises and recorded or to be recorded with the WHEREAS, it is the desire and intention of the parties hereto to subordinate the operation of the Lease for the full term thereoft to the lien and operation oft the Security Instrument, so that the Security Instrument shall and will become a lien upon the Leased Premises and the Lease will be subordinated thereto in every manner whatsoever, NOW, THEREFORE, the parties thereto intending to be legally bound hereby, for and in consideration of the mutual covenants contained herein, the sum ofTen and) No/100ths Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are. hereby acknowledged, agree: as follows:  and  thereon from Owner (the "Leased Premises"); and  real estate records where the! Property isl located; and  subject 10 the express terms hereof.  WBD( (US)61321402    1.  Subordination. The Lease, together with all rights, options, liens and charges created thereby, is  and shall bej junior, inferior, subject and subordinate in each and every respect to the lien, operation and effect oft the Security Instrument and to any and all advancements made thereunder and to any renewals, modifications, consolidations,' replacements, advances and extensions thereof and all other documents, including an Assignment of Leases, Rents and Profits executed! by Owner ini favor ofLender (the' "Assignment"), and all extensions, modifications andr renewals thereof, now or hereafter additionally: securing saids sum, tot thes same extent asi ifsuch Security Instrument and other documents have been executed, delivered and recorded prior to the execution of the Lease, subject to the with the terms, conditions and covenants of the Lease and performs its obligations under thel Lease, (a) the Lender will take no action which will interfere with or disturb the Tenant's! possession or lawful use oft thel Leased Premises or other rights under thel Lease, and (b) in the event the Lender becomes the owner of the Property by foreclosure, conveyance: inl lieu offoreclosure or otherwise, thel Property shalll be subject to the Lease andt thel Lender shall recognize the Tenant as a tenant on the Property for the remainder oft the term of the Lease in accordance with the provisions thereof, provided, however, that ini no event shall the Lender be liable for any act or omission of any prior landlord, or subject to any offsets or defenses which the Tenant: might have against any prior landlord, nor shall the Lender be bound by any rent or additional rent which the Tenant might have paid: for more than the current month to any prior landlord (other than prepaid estimates for tax, insurance and common area: maintenance charges paid in the ordinary course as such estimates become due under thel Lease) nor shall it bel bound by any amendment or modification oft the Lease made without its consent orl liable for anys security deposit the Tenant might! have paidt to the Owner or any other the owner of the Property by foreclosure, conveyance in lieu off foreclosure or otherwise, then the Tenant shall attom to and recognize the Lender ast the landlord under the Lease for the remainder oft thet term thereof, and the Tenant shall perform and observe its obligations thereunder, subject only to the terms and conditions of said Lease. The Tenant further covenants and agrees to execute and deliver upon request of the Lender, or its successors or assigns, an Tenant will mail or deliver to thel Lender, att the address andi int the manner hereinbelow provided, a copy ofall notices permitted or required to be given to the Owner by the Tenant under andj pursuant to the terms and provisions oft the Lease. Prior to terminating the Lease due to a default by the Owner, the Tenant agrees to notify thel Lender ofs such default and give thel Lender the opportunity to cures such default within thirty (30) days of thel Lender'si receipt ofsuch notice (or, ifs such default cannot reasonably be cured within such thirty (30)-day period, the Lender shall have such longer time as may be necessary to cure the default, provided that thel Lender commences the cure within such period Lender the Assignment as security for the loans which the Security Instrument secures, and that Lender would not complete the financing arrangements but for the execution by Tenant of this Agreement, and the Tenant hereby expressly consents to such Assignment and agrees that Lender may rely hereon for all purposes, including consummation of the loans. The Tenant agrees that ifLender, pursuant to the Assignment, and whether or not it becomes ai mortgagee in possession, shall give notice to the Tenant that the Lender has elected t0 require the Tenant to pay thel Lender rent and other charges payable by the Tenant under the Lease, the Tenant shall, until the Lender shall have canceled such election, thereafter pay to the Lender all rent and other sums payable under the Lease. effect subject to the express terms thereof; that the Lease and any modifications and amendments specified herein are ac complete statement of the agreement between the Owner and the Tenant with respect to the leasing of the Leased Premises, and the Lease has not been modified or amended except as specified herein; that to thel knowledge oft the Owner andt the Tenant, noj party to thel Leasei isi in default thereunder; that no rent under the Lease has been paid more  terms oft this Agreement. 2.  Non-Disturbance- Lender does hereby agree with the Tenant that, 5o long as the Tenant complies  person, except to the extent the Lender has actually received saids security deposit.  3.  Attornment. The Tenant does hereby agree with the Lender that in the event the Lender becomes  appropriate agreement of attomment to any subsequent titlel holder of thel Property.  4.  Notices Under Lease. So long as the Security Instrument remains outstanding andi unsatisfied, the  and diligently pursues the cure thereafter).  5.  Assignment ofLease. The Tenant acknowledges that the Owner will execute and deliver to the  6.  Estoppel. The Owner and the Tenant hereby certify tot the Lender that thel Lease isi in full force and  2  WBD(US)61321402    than one monthi in advance of its due date; and that the Tenant as of this date, has no charge, lien or claim of offset under the Lease, or otherwise, against ther rents or other charges due or tol become due thereunder. Agreement shall be in writing, signed by the party giving such notice, election or demand and shall be delivered personally, or sent by registered or certified United States mail, postage prepaid, or by national overnight courier to the other party at the address set forth below, or ats such other address within thel United States as may have theretofore been designated in writing. The date of personal delivery, the first business day after delivery to a national overnight courier ort the date ofmailing, as the case may be, shall bet the date ofs such notice, election or demand. Fort the purposes  7.  Notices. Any and all notices, elections or demands pennitted or required to be made under this  of this. Agreement the address of:  Lender:  Carter Bank & Trust 1001 South Homer Boulevard Sanford, North Carolina 27330 Attn: G. Toddl Baker Lee County 408 Summit Drive Sanford, North Carolina! 27330 Attn: City of Sanford 225 E. Weatherspoon Street Sanford, NC: 27330 Attn: Lee County Growth VLLC 603 Carthage Street, Suite 120 Sanford, North Carolina 27330 Attn: Kevin Scanlon  Tenant:  and:  Owner:  8.  Binding Effect. This Agreement shall bel binding upon all the parties hereto, their heirs, successors  and assigns and all of those holding title under any of them, and the pronouns herein shall include, where appropriate, either gender or both, singular or plural. Thel Lender's successors and assigns shall include, without limitation, any party or parties that succeed to Lender'si interest in the Property by virtue ofaj judicial or non-judicial foreclosure of the Security Instrument or by virtue ofa conveyance in lieu ofa foreclosure or other transfer of thel Property. Instrument, the Assignment or any other loan documents associated with the Security Instrument and Assignment 10. Modification of Agreement. The parties hereby agree that this document contains the entire agreement between the parties, and this Agreement shall not be modified, changed, altered or amended in any way 11. Govemning Law. Iti is agreed that the laws of the State where the Security Instrument is recorded shall govern the construction and interpretation oft this Agreement and the rights and obligations set forth herein. 12. Severance. The invalidity or unenforceability of any portion of this Agreement shall not affect the 13. Term of Agreement. The terms and provisions of this Agreement shall terminate upon the cancellation of record of the Security Instrument, unless the same is earlier terminated by a termination agreement  9. shall affect this Agreement.  Non-Waiver. No indulgence, waiver, election or non-election by the Lender under the Security  except through written amendments signed by all of the parties hereto.  remaining provisions andj portions hereof.  executed and delivered to the Tenant by thel Lender.  3  WBD(US)61321402    SIGNATURES. BEGIN ONFOLOWINGPAGE  4  WBD(US)61321402    IN WITNESS WHEREOF, the parties havel hereunto caused this Agreement tol be duly executed under seal  as of the day and year first above written. WITNESS/ATTEST:  TENANT: LEECOUNTY, By: Print! Mamd  aNorth Carolina body politic corporate ini nature chaaansnn Aopak  tailmytall Print Name: Hrleyl C,6anayGmwisies  (SEAL)  COUNTI GE  ACKNOWLEDGMENT  STATEOF. NomCurlng COUNTY OF Lee  - -  Icertify thatt the following person(s) personally appeared before me this day, each acknowledging to me voluntarily signed the foregoing document fort the purpose stated therein andi in the capacity indicated: Cleph he Boank ofom Cmwisioaun-hikahy  HSmlnChwrbaly Commjpsonn  Date: 5/15/2023 > Official Signature ofNotary: Notary'sPrinted or Typed Name: My Commission Expires: 1/16/2028  Public  AhAn  Jedmder Gamble Notary  (Official Seal)  JENNIFER GAMBLE NOTARY PUBLIC North Carolina My Commission Expires January 16, 2028  Lee COYSRENATURES GONTINUED ON THE. FOLLOWINGPAGE  WBD(US)61321402    SUBORDINATION, NON-DISTURBANCE AND. ATTORNMENT AGREEMENT  a SIGNATURES CONTINUED-  WITNESS/ATTEST:  TENANT: CITY OF SANFORD, aNorth Carolina municipal corporation  By: Printl Name: Titie:.  (SEAL)  Print Name:.  ACKNOWLEDGMENT  STATEOF. COUNTY OF.  Icenify that the following person(s): personally appeared before met this day, each acknowledging to me that he ors she voluntarily signed the: foregoing documen! for the purpose stated therein andi ini the capacity indicated:  Date:  Official Signature ofl Notary: Notary's] Printed or Typed Name: My Commission. Expires:. (Official Seal)  Notary Public  SIGNATURES CONTINUED ONTHE. FOLLOWINGI PAGE]  WBD(US)61321402    SUBORDINATION,NON-DISTURBANCE: AND. ATTORNMENT AGREEMENT  SIGNATURES CONTINUED-  WITNESSIATTEST:  OWNER:  LEE COUNTY GROWTH VLLC, aNorth Carolina limited liability company By:. Printl Name: KirkJ.Bradley Title: Manager  (SEAL)  Print Name:  ACKNOWLEDGMENT  STATEOF COUNTY OF.  Icertify that the following person(s): personally appeared before me this day, each acknowledging to1 me that) he ors she voluntarily signed the foregoing document for they purpose stated therein andi in the capacity indicated:  KirkJ.E Bradley  Date:.  Official Signature ofl Notary: Notary's Printed or Typed Name:. My Commission Expires: (Official Seal)  Notary Public  SIGNATURES CONTINUED ON THE. FOLLOWINGPAGE  WBD(US)61321402    SUBORDINATION,NON-DISTURBANCE, AND. ATTORNMENT AGREEMENT  - SIGNATURES CONTINUED-  WITNESS/ATTEST:  LENDER:  CARTER BANK & TRUST, aVirginia banking corporation Print) Name: G.Todd) Baker Title:. Senior Vice President  By:  (SEAL)  Print Name:  ACKNOWLEDGMENT  STATEOF. COUNTY OF  Icertify that the following person(s) personally appeared before me this day, each acknowledging to me thatl he or she voluntarily signed the: foregoing document for the purpose stated therein and in the capacity indicated:  G.Todd) Baker  Date:  Official Signature of! Notary: Notary'sl Printed or Typed Name: My Commission Expires: (Official Seal)  Notary Public  WBD(US)61321402    EXHIBIT/ A DESCRIPTION OF PROPERTY  LYING AND BEING SITUATE IN THE STATE OF NORTH CAROLINA, COUNTY OF LEE, AND MORE ALL of Tract 6, containing 17.693 acres, more or less, as shown on aj plat entitled, RECOMBINATION AND EXEMPT SUBDIVISION OF LOTS: 5, 6, 9-13 & 18 CENTRAL CAROLINA ENTERPRISE PARK PROPERTY OF CCI ENTERPRISE PARK, LLCDEEP: RIVER TOWNSHIP -LEE COUNTY-NORTH CAROLINA," prepared by C. E. Group, Inc., dated February 2022, and recorded March 11,2022, in Plat Cabinet 2022, Slide 55, Lee County  PARTICULARLY DESCRIBED. ASI FOLLOWS:  Registry.  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This hnrelestahpudimased community and business partners, the appointed and elected staffin Lee County, and the Lee County Commissioners. This effort represents an update toc our original plan founded in 2020, and is a County-wide issues based strategic plan. The community Vision, Mission, and Values provide the foundation for the plan's Key Areas of Focus: Arts and Culture, CommunitySafety, EconomicDevclopment. Education,Heathand Well Being, and Partnerships. The team developed the strategic Goals and Objectives in each Key Area of Focus through an extensive series of feedbackand meetings, local and national trends, and information provided by experts. Our strong commitment to protect and support our lifestyleunderlies every strategic Objective, These Objectives will guide thel workwedotocreate The Strategic Plan is atool thatclearly captures the most important priorities and will directt the development of our budget and resource allocation. We are confident that this year's planning process will lead to a comprehensive: and responsive budget that! balances the diverse needs of our community through its emphasis on accountability, partnership, innovation, and efficiency. We want to convey our appreciation to the residents who provided their time and input to the process, tot the Senior Leadership Team fort their commitment, and to the partnersand agencies throughout Lee County who will continue to work on this Plan. Asa living document, iti is our commitment to update thes strategic plan on a regular Dasiss sothat we can measure our success  prosperity in Lee County.  inc comingyears. Sincerely,  Pgelounly Connissoness  LEECOUNTY GOVERNMENT STRATEGICPLAN  1    LEE COUNTY  GONERMMENT  CENTER  TABLE OF CONTENTS  Letter from Commissioners  01 02 03 04 08 09 10 11  Table of Contents  2023 - 2028 Strategic Plan About Lee County Community Vision  The Strategic Plan Process Vision, Mission and Values Key Areas of Focus  Major Goals and Objectives The Path Forward  18  LEECOUNTYCOVERNMENT STRATECICPLAN    LEE COUNTY COVERMMENT  STRATEGIC PLAN  VISION  Lee County Government is a celebrated community at the center of economic achievement and diverse cultural heritage, connected to all people. Lee County Government cultivates a community of collaboration  MISSION and innovation through visionary leadership and dedicated service.  Partnerships Foster and grow long-established foundational partnerships within alls sectors oft the community. Expand partnerships inthei region.  Arts and Culture Create intentional opportunities and grow spaces for affordable entertainment tobe known throughout North Carolina. Increase awareness of cultural activities throughout the community.  Health and Well Being Lee County Governments community health.programs and services will be well-marketed. Create an environment that promotes physical and mental health and well-being int the community.    Key Areas of Focus  Community Safety Increase opportunities and activities foryouth ofalla ages. Increase opportunities to grow publictrust. Ensure Lee County remains asafe environment for communiynteractons.  Education Lee County Governments will have an established role n the provision of lfe longlearing forthe community and region, Lee County Governmentwil: navesold,dear, and mutualy Bandcaireuostwinal sectorsofedurationintneregion.  Economic Development Become a world-class center forthel biotech industry. Create the environmentf for community based Economic Development. Increase tangible opportunities for economicgrowth.    SUNRSEOVERLEECOUNTFY  ABOUTLEECOUNTY  Lee County is nestled in the heart of North Carolina. Established in 1907, the community is rooted in rural history and agricultural heritage that also embraces transformative growth bringing new industry and advancement opportunities to the local community and surrounding region.  Lee County is situated near the geographical center of the state in the Piedmont region. County residents have the benefit of beinga within an hour drive to the Raleigh-Durham Metro Area to the northeast, Fort Bragg to thesoutheast, Southern Pines-Pinehurstto the southwest, and the Greensboro-Winston-Salem Metro Area to the northwest The county is also within a three-hour drive to both the North Carolina mountains in the west and beaches in the east. Lee County has two municipalities - the City of Sanford and Town of Broadway, which along with our unincorporated areas offer distinct charm and personality creating a unique community  POPULATION  64,138  character that is welcoming to alll  OVERALL POPULATION GROWTH PROJECTIONS  uy2030 july2031 uly2032 July2033 juy2034 Julyz 2035 july2036 July2037 july2038 July2039 66,893 67,456 68,019 68,577 69141 69.706 70,264 70,82B 71,389 71,951  THE MTORMATONCAME FROV THEN MOKIOMOLNOICOFS SIATE BUDGET ANDI MANAGEMENT  LEECOUNTY GOVERNMENT STRATEGICPLAN  4    MEDIAN HOUSEHOLD INCOME THIS NFORIAATION COMES FROMTHEL US CENSUS  Median Household Income (n2021 dollars), 2017-2021 $57,674  MAJOR INDUSTRIES Agri-Business and Tourism Manufacturing  Bio-Tech and Science  Education and Health Services Employment Services 0000  LARGEST EMPLOYERS  LISTEDI IN ORDER OFSIZE CATERPILLAR LEE COUNTY SCHOOLS PILGRIMS PRIDE PFIZER COTY PENTAIR TYSON  ARDEN PARKDALE FOOD LION AMERICOLD LOWESHOMECENTER MOEN CHALLENGE PRINTING TRION ZURN PCCAIRFOILS EDEBROCK DESCO 3M STI POLYMER THISE ENDI UP HYDROTUBE  CHARLES R. UNDERWOOD (CRUCO) WSTINDUSTRIES LEEE BRICK AND TILE MERTEK JMCTOOL RED WOLF LEEIRON. AND METAL CARGO CONTROL ATLANTIC HYDRAULIC WIND SOLUTIONS HERITAGE CONCRETE &G MACHINERY BOSTON FRUIT SLICES CERTIFIED MACHINING METAL STAMPINGSOLUTIONS OLIMIA MACHINE AND TOOL  LIBERTY HEALTHCAREGROUP AMERICANTREATS MCDONALD'S: RESTAURANTS: SPANSET  CENTRAL CAROLINA COMMUNITY COLLEGE NOBLEOIL SERVICES  CENTRAL CAROLINAHOSPITAL BEAR CREEK ARSENAL COUNTYOFLEE COREMARK SANFORD CONTRACTORS CITY OFSANFORD WALMART GKN FRONTIERSPINNING STATIC CONTROL COMPONENTS  THIS INFORMATION PROVIDED BYS SAGA  LEECOUNTYGOVERNMENT STRATECICPLAN    I  II I - II IEI  HIGHER EDUCATION IN THE AREA  Community Colleges and private secondary schools Central Carolina Community College Durham Technical Community College Sandhills Community College Fayetteville Tech Wake Technical Community College CET (Durham) wycomputerCarer.om (Raleigh). Miller-Motte College (Raleigh, Cary)  Universities (Public and Private) Campbell University Methodist University Fayetteville State UNC- Chapel Hill UNC - Greensboro NC A&T NCSU Meredith Shaw St. Augustine NC Central Duke University  Main Campus is 8 miles Benett College  57 miles 27 miles 34 miles 36 miles 38 miles 58 miles 56 miles 39 miles 39 miles 42 miles 45 miles 48 miles 50 miles  48 miles 28 miles 35 miles 43 miles 44 miles 36 miles 35 miles  ITTTechnical Institute (Cary and Durham) : 44 miles  William Peace University. : 44 miles  Greensboro  153 63  a RDU Raleigh  THEC 35hoursto OUTERBANKS  €, THEA 2.5nous MOUNTAINS 23  B  MINGTON  Fayaftovsle  3  LEECOUNTY GOVERNMENT STRATEGIC PLAN  6    COMMUNITY VISION  The community was asked whattheir Vision for the future ofl Lee Countywould be like, described in justone word. Theresults shown below indicate the importance ofwhat Lee County istoday and whatit will continue to be moving into the future.  STATE PI A - 2019  Diverse  Watoming  Al  M  Family  Fun  Urbare  Friendly  Culfural  Raral  Safe  Indusive  LEECOUNTY GOVERNMENT STRATECICPLAN    THESTRATECICPLANPROCESS Lee County Government has a solid foundation of strategic planning through wise allocation of resources, staffing and services to the residents, businesses and visitors. This formal strategic plan was the result of an eight month process that involved the community, the Commissioners and the staffin creating each component oft the plan. The Commissioners met for a visioning session to start the process, which continued with a community wide survey with over 200 responses. Those responses guided the formation of the Key Areas of Focus, the Objectives and the Outcomes. Staff refined those Objectives and Outcomes in a series of meetings focused on implementing the The community was also involved through a series of virtual meetings, social media outreach, and various engagement efforts that focused on the health and safety aspects. The result is a long range plan for the future ofLee Counvylhatsaspratonal  Strategic Plan,  realistic and achievable!  VISION MISSION AREAS OFF FOCUS : COALS  ACTION: STEP:  LEECOUNTY GOVERNMENT STRATEGICPLAN  8    VSION, MISSION, ANDVALUES  MISSION  Lee County Government cultivates a community of collaboration and innovation through visionary leadership and dedicated service.  0 VISION  Lee County Government is a celebrated community at the center of economic achievement and diverse cultural heritage, connected to  all people.  CORE VALUES A Accountable Competent - Inclusive Integrity Visionary Welcoming  LEECOUNTY GOVERNMENT STRATEGICPLAN  9    KEVAREASOFFOCUS MAJOR GOALS AND OBJECTIVES  Key Areas of Focus were developed for Lee County Government that align with the Vision and Mission. Each Key Area of Focus has specific Goals and each Goal has specific Objectives to accomplish as a part of this Strategic Plan. The Key Areas of Focus represent the most important issues thatL Lee County Government will work on over the coming years - assuring that resources, budgets, and planning are allocated to these The Major Goals and Objecives on the following pages all align with the Key Areas of  areas as needed.  Focus to ensure thatt the Mission is completed and the Vision is realized.  Partnerships  Arts and Culture    Health and Well Being  Key Areas of Focus  Community Safety  Education  Economic Development  LEECOUNTY GOVERNMENT STRATEGICPLAN  10    99  B  Arts and Culture: Continue to create and community in Lee County through support of facilities, programs, and regional partnerships.  support a  vibrant and  diverse  cultural  Goal: Create intentional opportunities and grow spaces for affordable  entertainment to be known throughout North Carolina.  Objective: Assist in the expansion of spaces that promote local artists and makers. Goal: Increase awareness of cultural activities throughout the community. Objective: Identify and collaborate with local artists to highlightand integrate their Objective: Faciitate/Grow. an integrative learning mentorship experience (visual,  worksi into county facilities and programming  teaching) between artistsand the Lee County Community.  LEE COUNTY GOVERNMENT STRATEGICPLAN  11    FistHenlth RECIONALME SVSTEN  -  Community Safety: Support a safe community through programs, partnerships and trust.  Goal: Increase opportunities and activities for youth of all ages.  Objective: Increase and encourage law enforcement participation in partnership with Objective: Identify community volunteer groups serving youth and market their Objective: Host a volunteer/youth group summit where groups can connect with youth.  local events.  presence/mission: in a single place.  Goal: ncrease opportunities to grow publictrust.  Objective: Begin a community conversations series where the community can meet Objective: Foster events with direct involvement from community leaders with the Goal: Ensure Lee County is a safe environment for community interactions.  staff and learn about programs and services.  Objective: Actively seek feedback from the community on events.  intent of building connections.  Objective: Create safe spaces for the interaction ofyouth and the community to serve all Objective: Incorporate safety of users in the design of all new buildings and public places. Objective: Train all staff on situational awareness and publicsalelylechniques to create  areas ofinterest.  an atmosphere of trust, safety, and accountability.  LEE COUNTY GOVERNMENT STRATEGICPLAN  12    OENTRAL CAROLINA ENTERPRISE PARK  -  Economic  Development:  Continue  the  upward trend of industrial recruitment, small business support, and workforce development  through education partnerships.  Goal: Become a world-class center for the biotech industry.  Objective: Establish partnerships with a minimum oftwo universities in the region with  Biotech specialties (NC State, UNC).  Objective: Workwith CCCC to develop degree program in biotech. Goal: Create the environment for community based economicand  workforce development.  Objective: Grow and supporta thriving ecosystem of support for economic  development at all levels (large-scale recruitment-smal. business connections, programsfor: all ages, from children's education programs to retraining for  workforce development). furloughed workforce.  Objective: Work with current large employers to enhance workforce development  Goal: Increase sustainable opportunities for economic growth.  Objective: Provdesupportive efforts to increase the availability of certified and shovel Objective: Reviewthe effectiveness ofservices provided by the county to agricultural  readyindustrial sites. commissioners.  producers-and promote communication. between agribusiness leaders and  Objective: Grow.non-industrial business opportunities in the community.  LEE COUNTY GOVERNMENT STRATEGIC PLAN  13    Education: Focus on supporting all levels and aspects of education to contribute to the  knowledge base of the entire community.  Goal: Lee County Government will define the role and intention of County government as it relates to community education and  knowledge base.  Obectives Lee County Government will define its role, identify opportunities, and Objective County staff must identify and aggressively market current educational Goal Lee County Government will have solid, clear, and mutualy benefclirelationships with all sectors ofeducation in the region. Objective: Identify prionties forareas of new programs and targetspecific  allocate resources toward.community education.  programsto the community.  community mempers.  Objective: Cultivate programmingand services thatcomplementandsupportnewors Objective: Assess opportunities to expand broadband in Lee County to increase  ofK12 public education in Lee County. accessbililytovirtual learning opportunities,  Goal: Increase public education regarding local government resources  andservices.  Objective Analyze data to determine location ofnew ementarymcdengn schoo!. Objective: Develop nformation hub via new County weosite with events,  services, resources.  LEE COUNTY GOVERNMENT STRATEGICPLAN  14      Health and Well-being: Promote and maintain the health and well-being ofLee County through parks, recreation, activities, and programs that improve quality of life for our community members.  Goal: Lee County Government's community health programs and services  will be well known and accessible.  Objective: Identify community needs through the results ofthe annual Community Objective: Use results and data from the Community Health Assessment to drive Objective: Compile mental health resources and post said resources on the  Health Assessment.  marketing, resource and personnel allocation, and funding County website and atrelevant County facilities and local businesses  and organizations.  Goal: Create opportunities that promote physical and mental well-being in  the community.  Objective: Develop a marketing plan to target uninformed sectors of the community, Objective: Identify partners within Lee County Government as well as within the community  as well as sectors that may require preemptive education.  at large to market programs to promote a healthy and active community.  LEE COUNTY GOVERNMENT STRATECICPLAN  15    Partnerships: Maintain partnerships within and beyond Lee County in business, education,  community and partner governments.  Goal: Foster and grow long-estabished foundational partnerships within all  sectors ofthe community.  Objective: Assess community need to find missing partnerships and new areas for involvement. Objective: Reduce redundancies of mission and duplicate service providers among partners in Objective: Tell the story better: develop a plan to market and identify partnerships between  order to identify areas for greater focus.  LCG and various community entities and explain the roles ofeach.  Goal: Expand partnerships in the region.  Objective: Identify and grow new partnerships with groupsoffering established Objective: create new opportunities to make community collaboration more accessible. Objective: Assess ways to promote the development of additional affordable housing for the  community benefits.  current and growingworkforce.  LEECOUNTY GOVERNMENT STRATEGIC PLAN  16    PONDANDPADDLEBOAISATSATSANLEEPARK  THE PATH FORWARD  Astrategic plan should never collect dust or sit on a shelf - itisal living document. The plan may need to be adjusted due to unforeseen circumstances and Was designed to be flexible and adaptable to changing needs of the community, the The commissioners will use the information and lessons learned from this plan to make decisionsaboutp policies, programsandservices. Through various paths such as the budget, policy decisions by the commissioners, and daily activities of the staff, this plan will come to life and be continuously updated and improved, A key partofthatwille bet theimplementation plan created by thes staff, as wellasar regular Thank you to our community for your support and feedback during the creation of this plan for our future. We appreciate your effort and as we move into the future with this this living document, we look forward to realizing ourvision ofLee County Government as a celebrated community at the center of economic achievement  economy, and many other factors.  reporting process to the Commissioners and community,  and diverse culturalheritage connected to all people,  LEECOUNTY GOVERNMENT STRATEGICPLAN  17    MCSWAIN CENTERPOLLINATOR GARDEN AND PERGOLA  LeeCounty Government I- 408 summit Drive Sanford,NC27330  919-718-4605 I www.leecountyncgow  LEE COUNTY GOVERNMENT STRATEGIC PLAN    a    8    County Manager's Report - May 15, 2023  Ongoing Projects  Moore Training Facility - Terraquest continues to work on the mitigation plan for the facility. The most recent vacuuming event indicated that there is still product on site. We will meet with Terraquest in the next week to determine what actions we need to take to remove the product. All other SWMU's have been closed out with no further action required by the Department of Environmental Quality. Once the final SWMU receives "no further action" per DEQ's standards, the facility can be designated for residential use, which will allow the College to be able to occupy and develop all areas of thet facility. Right now, they can occupy many areas, just not the areas near the tank site. There is no timeline as to when the final "no further action" will be given since itis contingent on DEQ's testing standards and authorization. We have communicated to the College that they can begin design and work at the facility with their proposed upgrades. Multi-Sports Complex - The design of the Sportsplex is currently in the construction document review phase. DOT has provided a preliminary approval for an access break on Highway 42 that will be subject to final approval once DOT performs an appraisal to determine fees associated with the access break. DOT is anticipating providing this information by July, which may cause a delay with the bidding schedule. The Technical Review Committee approved the project plans on April 13. Erosion control for the site has also been approved. County staff are currently reviewing the 90% construction drawings. McAdams is working on submitting a temporary construction permit and a driveway permit that willn need to be approved by DOT prior to gettingzoning approval through the Planning Department. Building permits are also contingent on the issuance of a Horton Pool-. JMT (bathhouse contractor) has completed the construction of the bathhouse and is awaiting approval of substantial completion which is pending the County's approval of completion of final punch list items. While JMT is seeking substantial completion, some of their final items are impacted by Southeast Aquatics (pool contractor). Southeast, Aquatics provided an anticipated: substantial completion date of May 18.As of May9, there are: severalunfinished items that were scheduled to be complete. The next on-site meeting with the engineer and contractors Phasel& II Parks Projects - Kiwanis Children's Park and Temple Park - Staff met with DEQ on April 181 to review items that would need to be addressed to close out Phase I. Erosion control measures were taken in accordance with DEQ standards. DEQ has inspected thei identified areas of concern and has approved the measures taken at Kiwanis Children's Park and Temple Park. Temple's playground delivery is 6 months out; the shelter/restroom is 6 weeks out. As soon as the shelter/restroom is in place, Duke Energy will be out to connect the service. Jeremy Thomas has located lines and is now drawing sewer and water connections to the bathroom. Sewer and water connections will need to go out to bid. Work on these projects will pick up in: 2to 3 months. Library Building Project = Vines Architecture is moving forward with design development. This phase includes a review of the options for layout of program and staff spaces. This phase is anticipated to last until the end of August and will include another round of cost estimates. Staff isv working with Telics to negotiate a sewer easement for utility connection to the site. This is one of two options available. A final determination for utility connection will depend on cost and feasibility. Once the easement is acquired and final determination for connection is made, J. Thomas Engineering will be able to complete the design work fori the offsite sewer connection.  driveway permit.  is scheduled for May 18.    Historic Courthouse Hobbs Architects is working on the design for the rehabilitation projects toinclude roof replacement, below grade waterproofing, masonryrepair, portico slab and terrazzo repair, and replacement of doors/windows. The rehabilitation will depend on available funding, which includes grant funds received from the State. Due to the grant funding received for the project, the State Department of Natural and Cultural Resources will continue to play an active role in the design and rehabilitation. The priority of the project is to replace the roof with material complimentary to the historic building. Staff met with Hobbs Architecture, REI (roofing), and NC Department of Natural and Cultural Resources on May 5th for an on-site project kickoff meeting. EMS Parking Rehabilitation = The parking lot at the EMS Ambulance Station located at 1218 Central Drive has been in disrepair for many years, which is requiring rehabilitation to ensure continued functionality and safety going forward. The rehabilitation is taking part in two phases broken down between the front parking lot and the back parking lot. Engineers have detected issues with unsuitable soils that will need to be addressed before the new parking lot is constructed. Due to the expense associated with addressing the below grade soil issues, Phase lloft the project (back parking lot) will be contingent on available funding. General Services staff isv working with both the contractor, engineers, and FirstHealth EMS to facilitate the project.  Reports  Tax = The Tax Department Collections report for April.  Building Inspections - Attached are the monthly inspection reports for April 2023. Library Board of Trustees = The Library Director's April report and May's Board of Trustees Parks and Recreation - The signed minutes from the P &RAdvisory Board Meeting in January  meeting cancellation notice.  isa attached. The Board will meet next on May 22, 2023. TRC - The TRC Agenda for May is attached.  Upcoming Meetings/Events:  May 19, 2023 - Budget Work Session - McSwain Center - 8:30 am May 23 &24,2023- NCACC County Advocacy Days = Raleigh, NC June 1, 2023 - Board of Commissioners Meeting - McSwain Center - 6:00 pm June 15, 2023 - Board of Commissioners Meeting - Civic Center - 6:00 pm  NORTH CAROLINA, LEE COUNTY Presented for registration ont this qm day oJune 20,3 at9 -45ARPM recorded in Book 35 Page.502 Pamela G. Brilt, Register of Deeds