ARO  LEE COUNTY BOARD OF COMMISSIONERS  MCSWAIN EXTENSION EDUCATION. AND AGRICULTURE CENTER  2420 TRAMWAY ROAD SANFORD, NC 27330 May 1, 2023 MINUTES  Roll Call Taylor Vorbeck Absent: Kirk Smith CALL TO ORDER INVOCATION  Present: Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark Lovick,  Vice-Chair Andre Knecht called the meeting to order at 6:03 p.m.  Commissioner Bill Carver led the Board in an invocation and the Pledge of Allegiance.  PLEDGE OF ALLEGIANCE ADDITIONAL AGENDA Mover: Robert Reives Lovick, Taylor Vorbeck Absent: 1- Kirk Smith Motion Result: Passed  Commissioner Mark Lovick asked to move item I.J Updated Judicial Facilities Security Policy from the Consent Agenda to Old Business item IV.B. Motion: Move to approve the Consent Agenda as amended. For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  II. APPROVAL OF CONSENT AGENDA    Motion: Move to approve the Agenda as amended.  Mover: Robert Reives Taylor Vorbeck Absent: 1- Kirk Smith Motion Result: Passed  For: 6-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark Lovick,  II.A Minutes from the April 17,2 2023 Regular Meeting BOC Regular Meeting Minutes_4-17-23 final.docx 1609 Farrell Road Initial Resolution.docx 160 Farrell Road Map.pdf 1609 Farrell Road Resolution 2.pdf 1609 Farrell Road Offers and Map.pdf II.C Approve of Budget Amendment# 05/01/23/14  II.BI Declare 1609 Farrell Road Surplus and Authorize Staff to Advertise the Offer  5-1-23-14.pdf  II.D Grace Christian School Request for Fireworks Displays at Baseball Games  Certificate ofl Liability Insurance. pdf Grace Christian School Baseball- Site Diagram.p .pdf Grace Christian School Baseball- Shell Summary.pdf RESOLUTION- FIRE WORKS PERMIT- Draft.doc Lee County HDI RFAA378R Notification Letter. pdf II.F Request to use Escrow Funds for WICI FY: 23-24 Budget WIC FY23-24 Requested Budget Sumaye--92336 SFY2425 MAPI RFA_Final_TA Webinar Links final.pdf significance, such as days of cultural and religious importance Letter to BOC regarding Juneteenth.pdf F15 Personal Observance Leave (004).doc III Acceptance of Accessibility For Parks Grant (AFP) Award 23-1053 Lee County_OT Sloan Accessibility Project. pdf  IL.E Accept Request for Application RFA)#A378R-Reducing Infant Mortality in  Communities (RIMC) funding  II.G Request to apply for SFY 2024 and 2025 Medication Assistance Program Request II.H Establishment of paid Personal Observance Leave for any single day of personal  for Application (RFA)  leterfromGov.Cooper: pdf    II.J Approve Updated Judicial Facilities Security Policy Movedi from the Consent Agenda. Final Approved Courthouse Security Policy.pdf Amended Courthouse Security Policy 5.1.23.docx Amended Courthouse Security Policy 5.1.23-Clean Version.docx  III. PUBLIC COMMENTS  David Montgomery, 215 Mill Ridge Road (Convenience Center Hours of Operation) General Services Director Robert Walters will review Convenience Center hours of operation and will bring that back to the Board for consideration at its next meeting. He also introduced Brandon King, the new Development Services Director. IV.A Approval of Resolution Authorizing and Approving the Refinancing of an Installment Financing Agreement Entered into by the County to Acquire a Site and Existing Facilities to be used Primarily by Central Carolina Community College and the Financing of Additional Improvements to such Site through the Issuance ofa Not to Exceed $7,700,000 Limited Obligation Bond and the Execution of Certain Finance Director Candace Iceman presented this item to the Board. Ms. Iceman said as the County moves ahead with the sale oft the Limited Obligation Bondt to refinance the existing instalment financing agreement regarding the E. Eugene Moore Center as well as the cost of additional improvements and expenses related tot the refinancing, several financing documents will need to be executed. The Board is being asked to approve a Resolution Authorizing and Approving the Refinancing of an Installment Financing Agreement Entered into byt the County to Acquire a Site and Existing Facilities to be used Primarily by Central Carolina Community College (CCCC) and the Financing of Additional mprovements to such Site through the Issuance ofal Note to Exceed $7,700,000 Limited Obligation Bond and the Execution of Certain Documents in Connection Therewith. County Manager Lisa Minter said the master trust agreement will cover future bonds and that supplemental trusts will need to be added. She said this was anticipated due to the additional phases needed for the project. The CCCC library would be a separate agreement because it Amended and Restated Lease Agreement 2023 (CCCC Site).pdf Bond Purchase Agreement-Lee 2023 LOB with revisions effective 4-19- 23. pdf Deed of Trust-Lee 2023 LOB with revisions effective 4-19-23.pdf First Supplemental Trust Agreement Lee Co 20231 LOBS with revisions effective Master Trust Agreement with revisions effective 4-19-23.pdf  IV. OLD BUSINESS  Documents in Connection Therewith  would require different collateral. Approving Resolution-Lee 2023 LOB (PP).DOC  4-19-23.pdf    Motion: Move to approve the Resolution Authorizing and Approving the Refinancing of an Installment Financing Agreement Entered into by the County to Acquire a Site and Existing Facilities to be used Primarily by Central Carolina Community College and the Financing of Additional Improvements to such Site through the Issuance of al Not to Exceed $7,700,000 Limited Obligation Bond and the Execution of Certain Documents in Connection For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  Therewith Mover: Robert Reives Lovick, Taylor Vorbeck Absent: 1- Kirk Smith Motion Result: Passed  IV.B) Approve Updated Judicial Facilities Security Policy  County Attorney Whitney Parrish said the Board adopted the initial policy on December 19, 2022, and that the Sheriff is concerned with additional requests to utilize the back door due to security. Commissioner Mark Lovick asked to move this item from the Consent Agenda and asked that the Sheriff. speak to the amendment. Sheriff Brian Estes noted that having only one door available for public entrance allows for proper security screening. The Sheriff is concerned with the number of requests coming ini for special access to the back door. The County was inspected byt the U.S. Marshalls Office to provide feedback on public access and security, and they recommended to close off back door. Local attorney Eddie Winstead asked to provide comments and was granted the opportunity by the Board. He gave comments regarding access to the back door and asked the Board to reconsider the amendment to the security policy so that a select few individuals could continue to enter the courthouse through the back door. Motion: Move to approve the Updated Judicial Facilities Security Policy. For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark Lovick,  Mover: Robert Reives Taylor Vorbeck Absent: 1- Kirk Smith Motion Result: Passed V. NEWI BUSINESS  V.A Carolina Pool Management Service Contract  Parks and Recreation Director Joseph Keel and staff worked on an RFQ for hiring lifeguards due to staffing difficulties at the O.T. Sloan Pool. Staff reached out to several different companies and two responded. Staff reviewed both responses and recommends Carolina Pool Management: for both O.T. Sloan Park Pool and Horton Park Pool. County Attorney Whitney Parrish said staff will have to add federal provisions into the Horton contract due to project being funded with ARPA dollars, which is why staffi is asking for the Board to authorize the chairman to sign once the contract is completed. The contract would be for the entirety of the season, which runs from May 7- Labor Day, thent the pools will be maintained. by the County during the off season. Mr. Keel said the County will be ai facilitator - staff will still check in every week and fix anything that breaks - but the company is responsible for staffing and providing chemicals and pool maintenance. The swim lessons revenue    will go tot the company, but the County askedi for $5/person oft that revenue. Mr. Keel said his department. started the recruitment, process back in. January, and even raised the rate to $15/hour with paid training but didn'treceive enough interest. During last year's season, the department had to cut back on the number of occupants due to a staffing shortage. He feels very confident ini this company and its ability to provide lifeguard service to residents. Assistant County Manager Jennifer Gamble said staff are working on a contractual provision with a calculation built into the contract to ensure the County will be compensated ift the company has to shut the pools due to lack of staff. Mr. Keel said there will be noi fee increases for the Lee County Parks & Recreation 2023 (A) (Horton Pool) Quote Updated 4-19-23.pdf Lee County Parks & Recreation 2023 (A) (OT Sloan Pools) Quote Updated 4-19- For: 6-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  residents. 23.pdf  Motion: motion to approve Mover: Robert Reives Lovick, Taylor Vorbeck Absent: 1 Kirk Smith Motion Result: VI. MANAGERS REPORTS  VI.A March 2023 Monthly Financial Report  Finance Director Candace Iceman provided the monthly financial report for March Clerk to the Boar/Communilcations Specialist Hailey Hall let the Board know about General Services Director Robbie Walters came back to the Board and said the Convenience Centers are currently open until 12 p.m. on Saturdays and are closed County Manager Lisa Minter said she plans to move the budget work session scheduled for May 15 to May 19 at 8:30a.m. at the Ruby McSwain Center to offer an Motion: Motion to move the budget work session previously scheduled for For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  2023.  the County's upcoming board and commissions vacancies.  on Sundays.  opportunity for all board members to attend. May 15, 2023 at 4 p.m. to May 19, 2023 at 8:30 a.m.  MARCH: 2023.pdf Mover: Robert Reives Lovick, Taylor Vorbeck Absent: 1- -Kirk Smith Motion Result: Passed  VII. COMMISSIONERS COMMENTS  Commissioner Robert Reives askedi for a brief update on Horton Park Pool. Assistant County Manager Jennifer Gamble saidt that liquidated damages start tomorrow at    $1000/day and the company believes substantial completion will be mid-May. Staff believes this is an optimistic timeframe and continues to monitor the progress oft the  project on a daily basis. ADJOURN Mover: Robert Reives For: 1- Dr. Andre Knecht Absent: 1-H Kirk Smith Motion Result: Passed  Motion: Move to adjourn. The Board adjourned at 6:41 p.m.  Lee County Boardo of Commissioners EAIAA  ATTEST:  fmlvy Hll Hailey Hall, Clerk to the Board  COUNT B E E    HCARO  RESOLUTION. AUTHORIZINGTHE: SALEOF PROPERTY  LOCATED AT 16091 FARRELL ROAD  WHEREAS, the County ofI Lee owns certain non-vacant property located at 16091 Farrell Road, PIN number 9665-16-7834-00, Lee County, North Carolina, as shown on a deed recorded inl Deed Book 1496, Page 360, in the office of the Register of Deeds for Lee County, to which the record thereofi reference isl hereby made for more complete description; and, WHEREAS, the taxable value of thej property is $14,800.00; and,  WHEREAS, the above-referenced property was conveyed to the County as the result ofa WHEREAS, the amount of fees and taxes owed on the property as the result ofs such sale WHEREAS, North Carolina General Statutes $ 153A-176 and $ 160A-269 permit the County to sell property by upset bid, after receipt of an offer toj purchase the property; and, WHEREAS, the County ofLee] proposes to dispose oft the above described property asi it WHEREAS, the County received an offer submitted by Blake Rogers/Rogers Holding Company, LLC("Offeror")t toj purchase the property described above int the amount of $1500.00, plus any advertising costs, and an offers submitted by Roy Allen Campbell and. Jamie Campbell toj purchase the property int the amount of $8753.00, copies of which are attached hereto; and, WHEREAS, Offerors have paid to the County Clerk the required 51 percent (5%) deposit WHEREAS, thel Lee County Board of Commissioners accepts the initial offer of Roy WHEREAS, thel Lee County Board of Commissioners authorizes staff to advertise the NOW,THEREFORE, BEI ITI RESOLVED by the Lee County Board of Commissioners 1. Thel Lee County Board of Commissioners authorizes the sale of thej property described above through thet upset bid procedure of North Carolina General Statute $160A-269.  tax foreclosure sale; and, is$8,751.83;and,  iss surplus tot the County's needs; and,  oni its offer and $200.00 of advertising costs; and,  Allen Campbell and Jamie Campbell in the amount of $8753.00; and, initial offeri in anyl higher, upsetting offer, subject to the upset bid procedure.  as follows:    2. The County Clerk shall cause ai notice oft thep proposed salet tol bej published. The notice shall contain a general description oft thej property, the amount and terms ofthe offer, and ai notice that within 10 days any person may raise thel bid by not less thant ten percent (10%) oft thei first one thousand dollars ($1,000) and five percent (5%) oft the 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the County Attorney's Office within 10 days after the notice ofs sale is published. The upset bid should be delivered to the County Attorney's Office located at 408 Summit Drive, Sanford NC 27330, on or before 5:00 p.m. on or before the 10th day following publication of said notice. Use oft thei mail or any means of delivery is at the bidder's risk and any bids received after the deadline will notl be considered. Any bid 4. At 5:00p p.m. on said date, the County Attorney/Deputy County Attorney shall open thel bids, ifany, and the highest such bid willl become the new offer. Ifthere is more than onel bidi int thel highest amount, the first such! bid: received willl become the new offer. 5. A qualifying higher bid is one that raises the existing offer by notl less than 10j percent (10%) oft the first $1,000 of that offer and 5j percent (5%) oft thei remainder oft that offer. 6. A qualifying higher bidi must also be accompanied by a deposit in the amount of5 percent (5%) oft thel bid and accompanying $200.00 for advertising costs. This amount 7. The County will return the deposit and advertising costs on any bidi not accepted, and willr return the deposit on an offer subject to upset ifa qualifying higher bidi is received; however, once the actual advertising costs are incurred, those become non-refundable. 8. Ifa qualifying higher bid isi received, the County Clerk shall cause ai new notice of upset bid tol be published, and shall continue to do sO until al 10-day period has passed  remainder.  with conditions ort terms willi not be accepted or considered.  may bei madei in cash, cashier's check, or certified check.  without any qualifying upset bid) having been received. 9. Thet terms oft the final sale are as follows:  a. Thel buyer must pay with cash, cashier's check or certified check at the b. Thej property is sold "asi is" with no conditions placed on thel bid. Titlet tot the subject property shall be transferred to the buyer by al Non- e. The County Attorney does not perform title searches on thej property and the Offeror can retain their own attorney toj perform such titles search.  time of closing. warranty deed.  C. d.  Advertising fees are non-refundable once spent.  10. The Board of Commissioners may, at any time, reject any and all offers.    11. Ifno qualifying upset bidi is received after the initial public notice and 10-day upset bid period has expired, the original offer willl be taken back to the Board for final approval and whereby the Board may authorize the appropriate County officials to  execute thei instruments necessary to convey thej property.  Dated this the 1 day of May,2023.   F  r/Andre Knecht, Vice-Chair Lee County Board ofCommissioners  ATTEST: Hly tanll Hailey Hall, Clerk Lee County Board of Commissioners    MEMOTO: FROM: SUBJECT: DATE:  LEE COUNTY BOARD OF COMMISSIONERS LISA MINTER, LEE COUNTY MANAGER BUDGET AMENDMENT# 5/01/23/14  May 01,2023  SECTIONI. THEF FOLLOWING GENERALI FUND( (1100) REVENUE INCREASES AREI HEREBY APPROVED:  CURRENT BUDGET 12,062  NEW 13,840  DEPARTMENT Other Revenues  ACCOUNT#  DESCRIPTION TOTAL CHANGES  CHANGE BUDGET 1,778 1,778  1100-3930-38600 Miscellaneous Revenues  SECTIONII. THE FOLLOWING GENERAL FUND (1100) EXPENSE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 75,949 5,250  NEW CHANGE BUDGET 41,845 117,794 1,778 7,028 43,623  DEPARTMENT General Services EmergencyServices  ACCOUNT#  DESCRIPTION TOTAL CHANGES DESCRIPTION TOTALO CHANGES  1100-4262-45430 Insurance-Other Property 1100-4371-45836 First Responders Supplies  SECTIONI III THE FOLLOWING GENERALI FUND( (1100) EXPENSE DECREASES AREH HEREBYA APPROVED:  CURRENT BUDGET 25,000 20,000 18,349  NEW 1,504 1,651  DEPARTMENT Misc Expense Misc Expense  ACCOUNT#  CHANGE BUDGET 23,496 41,845  HAILEY tvilng HALL, fnll THEE BOARD CLERKJOTI  1100-9800-49000 Reservef for Unemployment Tax 1100-9800-49010 Reservef for Workers' Comp  42  COUA  ALE  pr-fndre kont,Vic-cher    STATE OF NORTH CAROLINA COUNTY OF WAKE Grantee: Lee County  GRANTESFEDERAL TAXI.D.#  56-6000313  N.C. Parks and Recreation Trust Fund Accessibility for Parks (AFP) Project Agreement  Grantee Address and Contact Information: POE Box 1968, Sanford, NC2 27331  919-775-2107 orj keel@lecountynegoy Grantee Fiscal YearE End Date:. June 30 Grant Award Date: March3 3, 2023 Project Number: 2023-1053 Project Title: OTS Sloan Accessibility! Project Period Coveredb byl This Agreement: 6/1/20231 to5 5/31/2026 furnishings, Fencing (4501 Lin. Ft.), Planning Costs, Contingency  Project Scope (Description of Project): Development includes Pavilion / Restroom! Renovations, Seat / Retaining Wall, Playground: ands surfacing, Playground Entry Gates, Sidewalk (4500 SqF Ft), Pavilion Plaza (4605 Sq Ft), Parking Striping for handicapped spaces (1 ) Parking Improvements, Landscaping, Site Preparation, Lighting, Site  Project Costs:  AFP Grant Award Amount Local Government Match  $412,109 $100,000  Thel North Carolina Department of Natural and Cultural Resources (hereinafter called the' Department") and Lee County (hereinafter referred to as" "Grantee") do hereby enter into this project agreement (the "Agreement"), effective as oft thec date oft the last signature tot this Agreement (the' "Effective Date"), for the purpose of providing grantf funding tot the Grantee fort the construction ofr new facilities or adaptation of existing facilities thatr meett the uniquer needs ofc children and veterans with disabilities. The Parties agree to comply with the terms, requirements, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances described int the North Carolina Parks and Recreation Trust Fund ("PARTF") statute (N.C.G.S. 143B-135.56) and administrativer rules (07 NCAC1 13K), Section1 14.8ofN.C. Session Law2 2021-1 -180 authorizing the Accessibility for Parks ("AFP")e grant programa andf funding, andt theA AFP grant application, which arel herebyi incorporated! by referencei into this Agreement andv which are on filev with thel North Carolina Division of Parks and Recreation. Upon execution oft this Agreement, the Department hereby promises, in consideration of the promises by the Grantee herein, to provide to the Grantee the grant amount shown above. The Grantee hereby promises to efficiently and effectively manage thet funds ina accordance with thea approved budget,t top promptly complete grant assisteda activities described abovei inac diligent and professional manner within the project period, and tor monitor 1. The AFP granta amount must ber matchedo ont theb basis ofa at least one dollar off funding provided! byt the Grantee  Now, therefore, thep parties! hereto dor mutually agree asf follows:  andr reportwork performance.  Sectionl L Eligible Project Costs, Fiscal Management, and Recordkeeping  Pagelof10  Last Updated: 4/14/2023    N.C.Parks and Recreation' Trust Fund Accessibility for Parks Project Agreement fore everyf fivec dollars off funding provided byt thes State. Tobe eligible, project costs must bei incurred duringt the periodo covered byt this Agreement, be documentedi in the grant application, describedi in the projects scope of this Agreement, andi initiated and/or undertaken after execution oft this Agreement byt the Grantee andt the Department. The Department: shall only pay or reimburse the Grantee for reasonable, eligible costs actually incurred byt the Grantee1 thato dor note exceedt the/ AFP grant awarda amounti fort the Project outlined onp page 1of Payment shall be made ina accordance with this Agreement, the Scope of Work (Attachment B), and PARTF statutes andr rules. Paymentf for work performed willb be made upon receipt and approval ofi invoice(s) from the Grantee documenting the costs incurred int thep performance ofv work undert this Agreement. Invoices may be submitted to the Contract Administrator quarterly. Final invoices, including accounting records that document alle expenditures and requestf for reimbursement, must ber received byt the! Department fora approval priort toc ora att thet time oft thec close- outi inspection. Accounting records should be based ong generally accepted localg government: accounting standards andp principles. Alla accounting records and supporting documents will Records created or obtained under thisA Agreement shallr not bec destroyed, purged or disposed ofv without the express written consent oft the Department. State basic records retention policy requires all grant records to beretainedi fora ar minimum off five (5)years or untila allaudit exceptions have beenr resolved, whicheveri is longer. Also, ifany litigation, claim, negotiation, audit, disallowance: action, or other action involving this Agreement has been started before expiration oft the five-year retention period described above, the records must be retained until completion oft thea actiona andr resolution of alli issues whicha arise from it, or until the end oft the The State Auditor andt the Department's internal auditors shall have access top persons and records asa ar result ofa all contracts and grants entered into by state agencies and or political subdivisions in accordance with General Statute 147-64.7. Additionally, ast the State funding authority, the Department shall have access to persons andr records asaresulto ofa allo contracts org grantse enteredi intol by State agencies or politicals subdivisions. The Grantee agreest tor refundt tot thel Department, subsequent toa ana audit oft the project's financial records, any costs disallowed orr required tob ber refunded tot the Department on account ofa audit exceptions. The Grantee agrees thata any unused State- awardedf funds remaining after the completion oft the project ort termination of this Agreement shall revert back tot thel Department to be deposited into PARTF for distribution! by the PARTF The Parties agree and understand thatt thep payment oft thes sums specified int this Agreement is dependent and contingent upon ands subject to the appropriation, allocation and availability off funds fort this purpose tot the The Grantee may not deviate from the Scope of Work outlined in Attachment B without the prior written approval oft the Department. When the Grantee seekst to change ane element oft the project, including, butn not limited to,t thep projects scope, ar revisede estimate of costs, a deletion ora additions ofp project deliverables, ora an extension of the Agreement period, the Grantee must submit in writing a request tot the Department for The Grantee agrees top permitp periodica audits ands sitei inspections byt the Department to ensure work progress ina accordance with the approved project, including required close-outi inspection upon project completion. After project completion, the Grantee agreest to conduct compliance inspections at least once every five (5)  this Agreement.  clearly show the Project Number andF Project Title tov which theya are applicable.  regularf five-y -year periodo described above, whicheveri isl later.  Authority. Department. Sectionl I. Project Execution  approval.  years and tos submita al Department- provided inspection reportt to the Department.  Page2of10    N.C. Parks and Recreation Trust Fund Accessibility for Parks Project Agreement The Grantee shall nots subgrant any oft the work contemplated under this Agreement without prior written approval fromt the Department. The Department shallr not be obligatedt top payf for anyy work performed by any unapproved: subgrantee ors subrecipient. The Grantee or subrecipient is notr relieved ofa any oft the duties and responsibilities oft this Agreement. Furthermore, any subrecipient must agree to abide by the standards contained in this Agreement and to provide alli information to allow the Grantee to comply with these The Grantees shall bev whollyr responsiblet fort thev workt tob be performed andf for thes supervision ofi itse employees. The Grantee represents thati ith has, orv wills secure ati its owne expense, allp personnel requiredi inp performingt the services under this Agreement. Such employees shall not be employees ofc or have anyi individual contractual Int thee event the Grantee subcontracts for any ora all oft thes services covered by this Agreement:  standards.  relationship witht the Department.  The Granteeisn notr relieved ofa any oft thec duties andr responsibilities providedi in this Agreement; The Grantee's contract with the subcontractor must provide that the subcontractor agrees to abidel byt thes standards containedi int this Agreement or top provide suchi information: as toa allow the The Grantee's contract witht thes subcontractor must provide thatt thes subcontractor: agrees toa allow state and federal authorized representatives access to any records pertinent toi its role as a  Grantee toc comply with these standards; and  subcontractor.  The Granteea agreest toc complyv with alla applicable reporting requirements forg grant recipients att thec designated reporting level as outlined in 09 NCAC 03M .0205, including providing a certification that State financial assistancer received was used fort thep purposes for whichi ity wasa awarded. The Grantee agrees to maintain and manage AFP-assisted development/renovation projects for public recreation usef fora a minimum periodo oft twenty-f five (25) years after project completion. The Grantee agrees to operate and maintain the project site so as to appear attractive and inviting tot the public, kepti inr reasonably: safe repaira and condition, and open for public usea atr reasonable hours and times of The Grantees shalla agree top place utility lines developed with PARTF assistance underground. 10. Ift the project sitei is rendered unusable for any reason whatsoever, the Grantee agrees toi immediately notify the Department of said conditions and to make repairs, at its own expense, in order to restore use and The Granteer may unilaterally rescind this Agreement ata anyt time priort tot thee expenditure off funds byt the State Termination! by Mutual Consent: The Parties mayt terminate this Agreement byr mutual consent with sixty (60) days' written notice tot thec other Party, ora as otherwisep providedb byl law. Ifthe Agreementi is terminated! byt the Department: as provided herein, the Grantees shall bep paid fors services satisfactorily completed, less payment or compensation previously made. Unexpended funds held by the Grantee shall revert tot the PARTF upon Termination for Cause: If, through any cause, the Grantee shall fail to fulfill its obligations under this Agreement ina timelya and proper manner, the Department shall have the right to terminate this Agreement bys giving written notice tot the Grantee and specifying the effective datet thereof. Unexpended funds held by the Grantee shall revert tot theF PARTF upont termination oft this Agreement. Ifthe Agreement ist terminatedby  they year, according tot thet type off facility anda area.  enjoyment oft thep project by thep public. Sectionl III. Project Termination and/ Applicant Eligibility ont thep projecto describedi int thisA Agreement.  termination oft this Agreement.  Page 3of1 10    N.C.Parks and Recreation* Trust Fund Accessibility for Parks Project Agreement the Department: as provided! herein, the Grantee shall be entitled tor receive justa and equitable compensation fora anys satisfactory work completed ons such materials, minus any payment ord compensation previously made. Notwithstanding thef foregoing provision, the Grantee shall not be relieved ofl liability tot the Department for damages sustained by the Department by virtue of the Grantee's breach of this Agreement, and the Department may withhold any payment duet the Granteei fort thep purpose ofs setoff until sucht time ast the exact Ina addition, int the event ofo default byt the Grantee under this Agreement, the State may immediately cease doing business witht the Grantee, immediately terminatei for cause alle existing contracts the State has with the Upont the Grantee filinga apetition forb bankruptcy ort thee entering ofa judgment ofb bankruptcy by or againstt the Grantee, the State mayi immediately terminate, for cause, this Agreement and allo other existing contracts the Failure byt the Granteet toc comply with the provisions and conditions setf forth int thet formal application, PARTF administrative rules, Section 14.8 of N.C. Session Law 2021-180, and this Agreement may result in the Department declaring the Grantee ineligible for further participation in future PARTF or AFP grant cycles, in addition to any other remedies provided by law, until such time as compliance has been obtained to the Waiver byt the Department ofa any default or breach inc compliance with the terms of this Agreement by the Grantee shall not be deemeda a waiver ofa any subsequent default orb breach and shall not be construed tot be modification oft the terms oft this Agreement unless stated to be such in writing, signed by an authorized representative oft the Department andt the Grantee anda attached tot theA Agreement. Neither partys shallb bec deemedt tob bei inc default ofits obligations hereunderi ifa ands sol long asi itisp preventedf from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, ord other catastrophici natural event or act ofGod. ThisA Agreementi iss subjectt tot ther reportingr requirements describedi int theN Notice of Certain Reporting and Audit The Grantee must ensure that grant funds dispersed under this Agreement are audited in compliance with State and federal audit requirements for local governments and public authorities, institutions of higher education, and nonprofit organizations, and, as applicable, accordingt to the standards oft the federal Single Audit Act and Circular A-133' "Audits of States, Local Governments, and Nonprofit Organizations" as supplied byt theE Executive Office oft theF President, Office of Management and Budget, Washington, DC. No assignment of the Grantee's obligations or the Grantee's right to receive payment hereunder shall be permitted. However, upon written request approved! byt the Department, the Department may:  amount ofc damages duet the! Department froms such breach canb bec determined. Grantee, ando de-b bart the Grantee from doing future business with the State. Grantee has witht thes State, and de-b bart the Grantee from doingf future business.  satisfaction oft the Department.  Section IV. General Terms Requirements (Attachment A).  Forward the Grantee's payment check(s) directly to any person or entity designated by the Include any person or entity designated by Grantee as aj joint payee ont the Grantee's payment check(s). Innoe event shalls sucha approval anda action obligate the! Department toa anyone other than the Grantee andt the Grantee shallr remain responsible forf fulfillment ofa all Agreement obligations. Except as otherwise provided herein, this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors. Itis expressly understood: and agreed thatt the enforcement of  Grantee, or  Page 4of10    N.C.F Parks and Recreation' Trust Fund Accessibility for Parks Project Agreement the terms and conditions oft this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved tot thel Department and ther named Grantee. Nothingo containedi int this document shall giveor allow any claim or right of action whatsoever by any other third person. Itist the express intention oft the Department and Grantee that anys such person or entity, othert thant the! Department or the Grantee, receiving services orb benefits undert this Agreement shall bec deemeda ani incidentalb beneficiary only. Tot thee extent allowed by law, the Grantee: shall hold ands save the State, its officers, agents, ande employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and allo claims and losses accruing orr resultingt to any person, firm, or corporation1 that mayb bei injuredo ord damaged byt the Granteei int thep performance ofthis Agreement and Allr notices permitted orr required tob beg given! by one partyt tot thec other anda allo questions about the Agreement fromo onep party tot thec other shall bea addresseda and deliveredt tot thec other party's Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address oft the Parties' respective initial Contract Administrators ares set out below. Either party may changet thep post office address, streeta address, telephoner number, faxr number, ore emaila address ofit its Contract Administrator bye givingy written notice tot thec other party within thirty (30) calendar days ofs such change. The Grantee shall nots substitutel key personnel assigned tot the performance oft this Agreement, as outlined below, without prior written approval  thata area attributablet tot ther negligence ori intentionally tortious acts oft the Grantee.  byt the Department's Contract Administrator. Department Contract Administrator NCD Department of Natural and Cultural Resources Division of Parks and Recreation Attention: Ms. Vonda Martin, Manager of Grants and Outreach 1615 Mail Service Center Raleigh, NC 27699-1615 Telephone 919-707-93338 Email: Vonda. Martin@ncparks. gov  Grantee Contract Administrator Joseph! Keel Director, Parks andF Recreation Lee County POE Box 1968 Sanford, NC27331 919-775-2107 keelPleeountyncgov  7. The Grantee agrees to comply with all applicable federal, state and local laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable tot this Agreement and the conduct of its normal operations, including, but notl limitedt to, purchasing, construction, landa acquisition, fiscal management, equal The Grantee shall comply with all federal and State laws relating to equal employment opportunity. The Grantee shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination! byr reason of race, color, religion, sex, national origin, orc disability. In accordance with Executive Order 24 (signed October 18, 2017), the Grantee agrees not to discriminate against anyp person ont theb basis ofr race, color, ethnicity, national origin, age, disability, sex, pregnancy, religion, National Guard orv veterans status, sexual orientation, gender identity ore expression int the use ofa any property 10. Granteess shall have ont filev with the Department: a copy oft the Grantee's policya addressing conflicts ofi interest thatr may arisei involving the Grantee's management employees andt ther members ofi its governing! body ass set forth in N.C.G.S. S: 143C-6-23(b). The policy shall address situations inv which any of these individuals may directly ori indirectly benefit, excepta ast the Grantee's employees or members ofi its board or other governing  employment opportunity, accessibility, andt thee environment.  orf facility acquired or developed pursuant tot this Agreement.  Page5of10    N.C.Parks and Recreation* Trust Fund Accessibility for Parks Project Agreement body, from the Grantee's disbursing of state funds andl local matching funds and shall include actions to be taken byt the Grantee ort thei individual, orb both toa avoido conflicts ofi interesta andt thea appearance ofir impropriety. Thep policys shalll bef filed! beforet thel Department may disburset theg grant funds, unless the Granteei is coveredby the provisions ofN.C.G.S. 160A-479.11a and/ or1 14-234. [N.C.G.S. 143C-6-230b)2007). Grantees shalla ata allt times  comply with the Grantee's conflict ofi interest policy.  11. The Grantee certifies thati it:  Hasr neither usedr norv will use anya appropriated funds forp payment tol lobbyists; Will disclose ther name, address, payment details, and purposes ofa any agreement with lobbyists whom Grantee or its sub-tier contractor(s) or sub-grantee(s) will pay with profits or non- appropriated funds on or after December 22, 1989; and, Willf filec quarterly updates aboutt the use ofl lobbyists ifmaterial changes occur int their use. 12. Excepta aso otherwise provided herein or unless superseded by applicable federald or State statute ofl limitations, all promises, indemnifications, requirements, terms conditions, provisions, representations, guarantees, and warranties containedH herein shall survive the Agreement expiration ort termination date. 13. This Agreement mayr not bea amended orally or by performance. Amendments shall ber made in writing ona form prepared by the Department and duly executedb by ana authorized representative oft the Departmenta and 14. If any provisions oft this Agreement are held to bei invalid, illegal, or unenforceable, the remaining provisions 15. Ifeligible, the Grantee and alls subrecipients shall: (a) ask the North Carolina Department of Revenue fora refund ofa alls sales and use taxes paid by them in thep performance oft this Agreement, pursuant to N.C.G.S.5 105-164.14; and (b) exclude allr refundable sales and use taxes from all reportable expenditures before the 16. Travel expenses shall not be reimbursed in the performance oft this Agreement. Iftravel is necessary in the performance oft this Agreement, itshallb bei includedi int the approved project budget andr narrative. 17. This Agreement and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede allp prior oral or written statements or agreements. This Agreement and any addenda thereto, are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Agreement expiration or termination date unless specifically provided otherwise herein, or [REMAINDER OF THIS PAGEI INTENTIONALLYLEFT! BLANK- SIGNATURE PAGES FOLLOWS]  the Grantee.  shall remaini inf fullf force ande effect.  expenses aree enteredi int their reimbursement reports.  unless superseded! by applicable Federal or State statutes of limitation.  Page 6of1 10    N.C.Parks and Recreation' Trust Fund Accessibility for Parks Project Agreement  Section V. Attestation: and Execution  N.C.G.S. $133-32a andE Executive Order 24p prohibit thec offert to, or acceptance by, anys State Employee of any gift from anyone with a contract with the State, orf from any person seeking to dol business with the State. By execution of any response int this Agreement, you (Grantee) attest, fory your entire organization andi its employees ora agents, that youz arer nota awaret thata anys suchgifth hast beeno offered, accepted, orp promised! bya anye employees ofy your organization. Inv witness whereof, the Department and the Grantee have executed this Agreement in duplicate originals, one of  whichisr retained bye each oft the parties. Lel Cowntyy Narne of Grantee (Local Government) or.Amre pnicht Typed or Printed Name of Official 9/1/2023  Sighaturebf  Official)  ALk  Vic-Cnair, lu chy Comicionts  Title of Official  Date  (Notary Public Completes)  State of North Carolina Countyof Lee Onthis 3 dyaay as Victhar  2027 DR.Andn Knecht for Grantee, to me known and known to me to be the person  perspnallya appeared before met thes said named DR.Andhe knecht  int their capacity  describedi in and who executed thef foregoing instrument, and he (or she) acknowledged that he (or she)e executed thes same andl being dulys sworn byr me, made oath that thes statements int thef foregoingi instrument aret true.  My commission expires: 5-20 2 2033  (Seal Here)  dusan millo  Signature of Notary Public  NOTARY PUBLIC  Page 7of1 10    This instrument has been preaudited in the manner required by the Local Government Budget  and Fiscal Control Act. Candau OCmN Candace Iceman, Finance Director  5/423 Date  NC paR Trust Fwd haumibiug fr Parko (MFP) Agpcmert  Prjak-+2023-1053  P.O. Box 1968 408 Summit Drive Sanford, NC27330 I(919)718-4605    N.C.Parks and Recreation' Trust Fund Accessibilityi for Parks Project Agreement  North Carolinal Department of Naturala and Cultural Resources  D.F Reid Wilson, Secretary  By:  Department Heado or Authorized/ Agent fors Secretary Wilson  Title  Date  Page8of10    N.C.Parks and Recreation Trust Fund Accessibility for Parks Project Agreement  AttachmentA  Notice of Certain Reporting and Audit Requirements  The Grantee shall comply with all rules and reporting requirements established by State statute or administrative There are three reporting levels established for grantees and subrecipients receiving State financial assistance. Reporting levels are based ont thel level of State financial assistance from allf funding sources. The reporting levels (1)L Levell I-Ag grantee ors subrecipient thatr receives, holds, uses, ore expends State financial assistancei in an (2)L Levelll-Agranteed ors subrecipient thatr receives, holds, uses, or expends State financial assistance ina an amount ofa atl leastt twenty-five thousand ($25,000) ors greater, butl less than five hundred thousand dollars (3) Level II-AB grantee ors subrecipient that receives, holds, uses, ore expends State financial assistance in ana amount equal to or greatert thanf fivel hundred thousand dollars ($500,000) withini itsf fiscaly year. Reporting requirements forg granteest thatr meet thef following reporting standards ona an annual basis: (1) Allg grantees and subrecipients shall provide a certification that State financial assistance received or, (2)A Allg grantees and subrecipients shall provide ana accounting ofa alls Statef financial assistance received, held, (3)L Levellla andl Ill grantees ands subrecipients shall report ona activities anda accomplishments undertaken! by (4)L Levell lllgrantees ands subrecipients shallh havea asingle orp program-specific: audit prepareda and completed ina accordance with Generally Accepted Government/ Auditing Standards, alsok known ast the) Yellow Book. Allr reports shall bef filed with thel Department int thei format andi method specified byt the Department no later than three (3)n monthsf following thee end oft the Grantee'si fiscaly year. Audits must bep providedt to the Department nol later than nine (9) months following the end oft the Grantee's fiscal year. The Grantee shall use the reporting package Unless prohibited by law, the costs ofa audits made in accordance with the provisions of this Agreement shall be allowable chargest tos State and Federal awards. The charges may! bec considered a direct cost ora an allocatedi indirect cost, asd determined ina accordance with costp principles outlinedi int the Code ofF Federal Regulations, 20 CFR Part 200. The costo ofa anya audit not conductedi ina accordance with this Agreement shall not be chargedt to State awards. Notwithstanding the provisions of this Agreement, a grantee may satisfy the reporting requirements of this Agreement bys submittinga copy oft ther reportr required under federal lawy with respectt tot the same funds.  rules. Forc convenience, ther requirements ares setf forth int this Attachment.  Reporting Thresholds. are:  amount! less thant twenty- fivet thousand dollars ($25,000) within itsf fiscaly year.  ($500,000) withini itsf fiscaly year.  held was usedf fort the purposes forv whichi itv was awarded. the Grantee, including reporting ona any performance  used, ore expended.  establishedi ini this Agreement.  forms provided byt the Departmenti inr making ands submitting reportst tot the Department.  Page9of10    N.C.Parks and Recreation Trust Fund Accessibility for Parks Project Agreement  AttachmentB Scope ofWork  North Carolina Division of Parks andF Recreation  Parks and Recreation1 Trust Fund- AFP Grant Programf for Local Governments  Grantee: Lee County Title of Project: OTS Sloan Accessibility Project Project Number: 2023-1053 Contract Number: 2023-1053 Amount of Grant: $412,109 Amount of Match: $1 100,000 Contact Persont for Project:) Joseph Keel Title: Director, Parks andF Recreation Address: POE Box 1968, Sanford, NC27331 Telephone: 919-775-2107 Contacte email address: keel@leeountyncgoy (450Lin. Ft.), Planning Costs, Contingency Length ofP Project: 36r months (6/1/2023t throughs 5/31/2026)  Scope of Project: Development includes Pavilion /Restroom! Renovations, Seat/ Retaining Wall, Playground and surfacing, Playground Entry Gates, Sidewalk (4500S Sq Ft), Pavilion Plaza (460SqF Ft), Parking Stripingf for handicapped: spaces (1),P Parkingl Improvements, Landscaping, Site Preparation, Lighting, Site furnishings, Fencing Schedule for Reimbursements: Grantee mays submit bills quarterly after a significant portion ofv work has been completed ont thep projecte element(s). Notr moret than 90% oft thes grant willb ber reimbursed untilt the grantee completes thep projecte elements specified int theg grant (refer toc detailed budgets submitted with granta application). Thel Lee Countye grant application ands supporting documentation are, byr reference, part oft theA Agreement. The administrative rules oft thel N.C. Parks and Recreation Trust Fund are, byr reference, aparto ofthe Agreement.  Page 10of10    LEE COUNTY. JUDICIAL FACILITIES! SECURITY POLICY-AMENDED  GOAL: To provide as safe and: secure working environment for all persons visiting or working in JURISDICTION: The Lee County Sheriff's Office will provide primary protection and security at the County. Judicial facilities but may allow assistance by other law enforcement providers if  the County. Judicial facilities.  necessary.  EFFECTIVE DATE: The provisions shall begin on May 1, 2023.  On December 19, 2022, the Lee County Commissioners adopted a new. Judicial Facilities Security Policy. This policy shall become effective on. January 1, 2023 and be implemented in the Lee County. Judicial Facilities. The policy is being amended to ensure all persons visiting the 1. All persons must enter ande exit through the front door oft ther main Courthouse, except the Clerk of Court employees and Magistrate Office employees. All other doors are 2. Allp persons, unless otherwise cleared through the exception above, must be cleared through the security station, including the walk-t -through metal detector and X-ray belt machine. All hand carriedi items must be processed through the X-ray belt machine. 3. No weapons of any kind, including smallj jackknives, scissors, key ring knives or any object that can be used as a weapon, are allowed int theJ Judicial facilities. This prohibition applies to all persons, even those with a valid General Concealed Weapons permit, unless expressly allowed by Chapter 14 of the N.C. General Statutes. 4. Law enforcement officers are permitted to carryt their weapons only ifr required by law and onlyi ift they are on active duty. Upon request, any law enforcement officer may be 5. Telephones, tablets, computers or other electronic devices are strictly prohibited int the Judicial Facilities. Courthouse personnel and attorneys are exempt from this provision 6. Allp persons working int the. Judicial Facilities or whose employment requires them to frequent the courthouse must have ani identification badge for access to areas beyond 7. Children under 13 are not allowed ini the courtrooms unless they are involved inj juvenile 8. All persons should dress in appropriate and non-exposing attire and may be removed from the courtroom by a Judge for inappropriate dressi including hats/caps, halter-tops ort tank tops, cut-offj jeans, shorts, or clothing with offensive wording. 9. Parkingi inl Lot Ai ist reserved for courthouse personnel, Judges and County Emergency vehicles and shall be accessible only by decal access authority.  Courthouse must enter through ther main door effective May 1, 2023.  emergency exits only.  required to provide validi identification. as required byt their employment. that given tot the general public.  court or have been subpoenaed or are court ordered.    IDENTIFICATION BADGES: Any person seeking access to secure areas beyond the public judicial facilities areas shall apply for a photo identification and access badge which willl be issued by thel Lee County Human Resources Department. This badge provides andl limits access tos secure areas based uponj job description. Access badges will provide limited access to non-public areas based on qualification by position in one oft thet following categories: Lawyers, Probation, Magistrate, Sheriff's Deputies, Judges, Clerks, District Attorneys, Administrator-legal Department, DSS-Legal, Register of Deeds and Court Reporter. Non-access badges may! be requested following thes same procedure for identification of frequent visitors and persons providing support services tot those categories of courthouse personnel that qualify for access badges. Those issued ar non-access badge will need tol be escorted by authorized access individuals while accessing non-public areas int the courthouse. All badges shalli identify the individual's name, position/title, and firm/organization. Any personi issued a badge whor no longer requires access toj judicial facilities for employment purposes musti immediately notify Adopted byt thel Lee County Board of Commissioners; this the 1v* day of May, 2023.  andi return their badge tot thel Lee County Human Resources Department.  DE.A Vice Chair, Lee  Knecht    County Board of Commissioners  ATTEST:  fulug fhll Hailey Hall, Clektot the Board  NORTHCAROLINA, LEECOUNTY Presented forr registrationont tirday dPLmAbAR4D recordedi in Book. 35 Page479 Pamela G. Brit, Register ofD Deeds