LEE COUNTY BOARD OF COMMISSIONERS DENNIS WICKER CIVIC CENTER 1801 NASH STREET SANFORD, NC 27330 July 15, 2024 MINUTES  Roll Call Taylor Vorbeck Absent: Robert Reives CALL TO ORDER INVOCATION  Present: Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick,  Chairman Kirk Smith called the meeting to order at 6:00 p.m.  Commissioner Taylor Vorbeck provided an invocation and led the Board and meeting  attendees in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE ADDITIONAL AGENDA  Commissioner Vorbeck asked to move item V.B GreenHawk Corporation, Inc., Duke Energy and Emergency. Access Easements to the Consent Agenda. County Attorney Whitney Parrish asked to note for the record that she will ask the County Manager to sign the certification to send to the bond trustee tomorrow. Chairman Smith asked to add an item to New Business, item VIA Resolution in Support of Submitting a Legislative Goal to the North Carolina Association of County Commissioners to Abolish a Certificate of Need Requirement for Health Facilities. Motion: Motion to approve the Agenda as amended.  Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1 - Robert Reives Motion Result: Passed  For: 6- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick,  II. APPROVAL OF CONSENT AGENDA    Motion: Motion to approve the Consent Agenda as amended.  Mover: Taylor Vorbeck Vorbeck Absent: 1- Robert Reives Motion Result: Passed  For: 6- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  II.A Minutes from the June 17, 2024 Regular Meeting BOC Regular Meeting Minutes.61724.fmalpdi II.B June 17, 2024 Closed Sessions Minutes I.C Cooperative Extension Truck Purchase  342270.23656_Ford0F15020Quole20-20Extension,padt  II.D Letter from the Legal Department seeking an Attorney General's Formal Opinion concerning the ability to assess a special service charge on burdensome public  records requests  Executed PRR Policy 7.24.23.pdf N.C. Gen. Stat. 132-6.2.PDF  Letter to AG seeking opinion Public Records Request Fees Final.pdf I.E Lee County Daymark Mental Health Building Structural Study Proposal 24050078 Lee County_Mental Health Bldg_Geotech Prop.pdf II.F Lee County Government Center Switchgear Upgrade Project  Min_Brooks_ExemptionFor.S8MEpadr  2024.05.21 Lee County Switchgear Upgrade and Generator Replacement -  Certified Bid Tab.pdf RECORE.pdf  II.G Lee County Courthouse Chiller Replacement Wilson and Lysiak_CH_Chiler Replacement.pdf Mn_Broks.CHJalChler Replacementpdf II.H Van Purchase for Social Services LEE DSSPACIFICATOURING-L2024x54  II.I Purchase of Two Chevrolet Colorado Crew Cab Trucks for Lee County General  Services  2024 Colorado Crew Cab 14C43 2510A.xisx II.J Vehicle Purchase for Lee County General Services 2024 Ford F250 Crew Cab 4X4 - Short Bed.pdf II.K McSwain Center. Auditorium Carpet Replacement  174645.PDF    IIL HVAC Software Upgrade for the Courthouse and LCGC Honeywell Proposal EBI Upgrade.pdf  S0e.Source.lustication.Fom.Honepwel HVAC Software Upgrade.pdf II.M Central Carolina Holdings LLC. Scrap Tire Recycling Services Purchase Order  Tire.Agreement2015pdf  II.N GFL Environmental Services Purchase Order GFL Signed Service Agreement.pdf Glide A, Hydroenhance Quote.pdf II.P Waterproofing for the Courthouse/Jail  II.O HydroEnhance Board Upgrade for the Elevator at the Buggy Factory  Sole_Source Otis mabchoceam.sreat  Proposal P23RAL-142 Lee County New Courthouse BE Restoration CDCA-  Phase One.pdf  Min_Broks_CHJallWaterprooingpad:  II.Q Tyler Technologies - Saas IAS Software - Contract Addendum Lee County, NC Renewal Amendment EA&T 061324.pdf Tyler Lee County, NC iasWorld Saas Contract 2013.pdf II.R Tyler Technologies - Munis - Contract Addendum Tyler Munis Addendum 2023-2024 6.2024.pdf Contract Addendum.docx Tyler Lee County, NC Munis Contract 1997.pdf  Contract Addendum.docx Tyler Contract 1998 - IAS.pdf  Tyler Munis Software Annual Support - Auto Renewal Agreement Letter 2015.pdf 20240702-Lee County Tax Administration-03 - Amendment - Fully Executed.pdf  I.S SouthData - Contract Addendum  SOUTH DATA AGREEMENT 2006.pdf South Data Agreement 2017.pdf  II.T Approve the Resolution Authorizing Execution of Kroger Opioid Settlement and Approving the Second Supplemental Agreement for Additional Funds FAQ-on-  Kroger-and-SAAF2-6.11.24.pd: Final Kroger Settlement Resolution.pdf 331 Harbor Trace Initial Resolution.pdf 331 Harbor Trace Map.pdf  II.U Resolution Authorizing the Sale of Property Located at 331 Harbor Trace  II.V ESRI GIS Software for Strategic Services - Year 2    ESRL_LeeCO.EARenewal2023.sgnesigned20230725.pdr  II.W Resolution designating Plat Review Officers to review and certify Maps and Plats for RESOLUTION_DESIGNATINGPLAREVEW_OFFICERS.2024-7-15.docx  Lee County, North Carolina  II.X Lett's Tree Service Donation of Services Services donation form.docx  II.Y Approval of Emergency Management Vehicle Purchase  II.Z Logan Systems Inc. Software, Hardware, Indexing and Imaging Services Five-Year  Contract  Logan Contract ROD: 2024-2029.pdf Lee County NC Addendum.pdf IL.AA Household Hazardous Waste Services (HHWS) HHW_ Servves.Agreementpad" Lee_CountyNC.2nd, ageemenLemtensonpet #2.docx MXI Addendum.pdf  Amendment to Household Hazardous Waste Services Agreement Renewal  I.AB Approval of Budget Amendment # 07/15/24/01 Budget Amendment Packet 7-15-24-1 Town of Broadway MOU-3.1.24.docx II.AD Upfit of Jail Transport Van  II.AC Lee County Government/Town of Broadway Generator MOU and Partnership  Estimale.261650.from_Bateries.Ot.NC SWS_LLC.pdf H.AE New Patrol Vehicle Upfit Equipment and Installation scan.dreman.2024-0.05-123230pd II.AF Tax Collector's Annual Settlement Affidavit July 2024.pdf Tax Collectors Report for FY 2024.pdf Historic. Analysis Chart.pdf GS_105-321.pdf GS_105-364.pdf GS_105-373.pdf  Resolution Approving the Tax Collectors Annual Settlement.pdf Order of the Board of Commissioners to Collect Taxes.pdf  IL.AG Appointment of Chairman Kirk Smith as the voting delegate for the NCACC  Annual Conference Voting Delegate Appointment II.AH Vehicle Purchase Order for Parks and Recreation    2023 Ford F150 Crew Cab 4X4 Hybrid In Stock.pdf Greg Spivey, 517S Franklin Drive (Fire Study)  III. PUBLIC COMMENTS  David Smoak, 96 Northridge Trail (Capital Improvement Plan/Budget)  IV. PUBLIC HEARINGS  IV.A Zoning Map Amendment /F Request to rezone a 0.50 acre portion of a 1.24 acre tract of land addressed as 631/655 Bruce Coggins Road from Residential Zoning Administrator. Amy McNeill presented a zoning map amendment. request submitted by Bryan May to rezone a 0.50-acre portion of a 1.24-acre tract of land addressed as 631/655 Bruce Coggins Road from Residential Agricultural (RA) to Residential Restricted (RR). A copy of Ms. McNeill's presentation is attached and incorporated into these minutes. Mr. May would like to establish a newly recombined lot with one zoning designation of RR that he can subdivide into two lots with a minimum lot size of 30,000 square footage. Adjacent property is zoned RA and RR. Chairman Smith asked if there were any conflicts ofi interest regarding this request.  Agricultural (RA) to Residential Restricted (RR).  None were identified. Chairman Smith opened the public hearing at 6:10 p.m. Those who spoke in favor: E Bryan May, 655 Bruce Coggins Road (property owner) No one spoke in opposition. Board to their meeting.  Chairman Smith closed the public hearing at 6:17 p.m. and excused the Planning  001-REZ@Bruce Coggins Rd-BINDER.pdf  V. OLD BUSINESS  V.A Presentation by NC Fire Chief's Consulting  Deputy Fire Marshal Kevin Smith ntroduced Chief Gregory Grayson from NC Fire Chief's Consulting, who conducted a Comprehensive Fire Study for the County of Lee. A copy of his presentation is attached and incorporated into Chief Grayson gave a detailed presentation on the current state of the fire and rescue delivery in Lee County as well as personnel, financial, equipment, and long- range planning recommendations for the County. Strengths for the County are equipment quality, strong relationships and dedicated volunteers. Several impacts affecting the County include staffing shortages, decreasing volunteers, issues with the 911 Call Center, delayed delivery and production dates for fire trucks and equipment, and overall increasing costs. Suggestions include recruitment through a high school fire program, increased visibility of the fire departments and the potential for a SAFER grant to provide part time retention and recruiting. The study polled residents on the service received, not their feelings on the fire tax rates. The volunteer fire departments are using HGAC to get the lowest pricing on equipment and the study did find that half of the departments want to look at a unified County district versus the other half who wants the districts to remain separate.  these minutes.    Commissioner Carver asked if the VIPER radio system would improve communications and Chief Grayson indicated it would. County Manager Lisa Minter will send out the fire study report tomorrow and post it on the County's website.  Chairman Smith called for a 10-minute break at 7:15, p.m. This item was moved to the Consent Agenda. GreenHawk Easement Agreement FINAL.pdf 20240308 Marelli Access Easement Exhibit.pdf  V.B GreenHawk Corporation, Inc., Duke Energy and Emergency Access Easements  ecouny.Recatonpat Easement.pdf Deed Book 263 Page 950.pdf DB: 263F PG 950 LOCATION.pdf Marelli Recombination Survey.pdf  VI. NEW BUSINESS  VI.A) Resolution in Support of Submitting a Legislative Goal to the North Carolina Association of County Commissioners to Abolish a Certificate of Need Requirement for  Health Facilities  The Board resumed open session at 7:25 p.m.  Chairman Smith turned the gavel over to Vice Chairman Dr. Andre Knecht and presented and read aloud a resolution in support of submitting a legislative goal to the North Carolina Association of County Commissioners to abolish a Certificate of Need requirement for health facilities. A copy of the resolution is attached and incorporated into Vice Chairman Dr. Knecht then returned the gavel to Chairman Smith at 7:28 p.m. after Motion: Motion to adopt and approve the Resolution in Support of Submitting a Legislative Goal to the North Carolina Association of County Commissioners to For: 6- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  these minutes.  the motion was passed.  Abolish a Certificate of Need Requirement for Health Facilities  Mover: Kirk Smith Vorbeck  Absent: 1- Robert Reives Motion Result: Passed VII. MANAGERS' REPORTS  VII.A. April 2024 Sales Tax Distribution  Finance Director Candace Iceman presented the April 2024 sales tax revenues are  3.92% ahead of the same period last fiscal year. April 2024 Sales Tax Distribution.pdf    VII.B County Manager's Monthly Report  County Manager Lisa Minter, presented her monthly report, a copy of which is attached and incorporated into these minutes. Part of the project updates includeda video on the construction progress of the Lee County Athletic Park, which is available online on the Lee County NC YouTube channel. Ms. Minter introduced Autumn Smith, the new Community Support Services Department Director to the SITE - HORTON PARK MPROVEMENTS - PARKING AND SIDEWALK (AR 6-12-  Board.  County Managers Report-7 7-15-2024.pdf CHSA Board_May 15 Meeting Minutes.pdf Library._7.10.241 LCL Board Meeting Agenda.pdf Lban.024.ume.lbeny._Feportpat PERMIT ISSUANCE REPORT- JUNE 2024.pdf Tax_ Monthly Managers Report June 2024.pdf TRC  24)_page 3.pdf  Agenda_July 2024.pdf  VIII. COMMISSIONERS COMMENTS  ADJOURN  Motion: Motion to adjourn. The Board adjourned at 7:47 p.m.  Mover: Dr. Andre Knecht Absent: 1 - Robert Reives Motion Result: Passed  For: 6- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  Vorbeck  AaDbite  Kirk Smith, Chairman  Lee County Board of Commissioners  ATTEST:. Hailey  Hall, Clerk to't the Board smltinL  EST. COUNT AE  CAR    LEE COUNTY GOVERNMENT  NORTH CAROLINA  July 16, 2024  N.C. Attorney General Josh Stein N.C. Attorney General's Office 9001 Mail Service Center Raleigh, NC 27699-9001  RE: Request for Advisory Opinion on N.C. Gen. Stat. $ 132-6.2  special service charge Dear Attorney General Josh Stein,  The Lee County Board of Commissioners through its Legal Department, pursuant to North Carolina General Statutes $ 114-2(5), is requesting a legal opinion of the Attorney General's Office in reference to North Carolina General Statutes $ 132-6.2. The specific request is for an Advisory Opinion on whether local governmental entities may assess a special service charge under North Carolina General Statutes S 132-6.2(b) for the hourly rate of employees completing a burdensome public records request and how does North Carolina General Statutes S 132-6(c) affect the assessment of the special service Iti is clear, through the North Carolina open meetings laws and public records laws, that the intent of state and local governments is to be open and transparent in conducting official business. Further, it is the intent of governments to respond promptly and accurately to all public records requests received by the agency. There are times when public records requests are burdensome for counties. For example, if the request seeks thousands of emails and other written documents or records, IT staff must take time and run search queries to pull the records; departmental staff must review all downloaded files to consider their relevancy to the request; staff must determine if the record contains confidential information and redact it; then legal staff reviews the response before the records are provided to the requestor. Depending on the request, this process can take a significant amount of employee work time in several departments. Oftentimes when these requests are being reviewed, other staff members are required to cover the reviewing employee's job duties sO they can complete the public record request. In our small jurisdiction, we have seen a continued increase in the number and length of these burdensome public records requests.  charge.  P.O. Box 1968-S Sanford, North Carolina 27331 I (919)718-4605 I LeeCountyNC.gov I @LeeCountyNC    LEE COUNTY GOVERNMENT  NORTH CAROLINA  An initial reading of North Carolina General Statutes S 132-6.2(b) seems to allow government agencies to charge a reasonable special service charge if the request requires extensive use of information technology resources OR requires extensive clerical or supervisory assistance by the personnel providing the service of providing the public record. The plain language of this statute seems to allow agencies to charge for reasonable staff time, such as an hourly staff rate, when the public records request is burdensome to the everyday operation of the department fulfilling the request. However, North Carolina General Statutes $ 132-6(c) places the burden and cost of separating confidential from non-confidential information on the public agency, which appears to require no charge for the time for review to determine confidentiality and Discussing this statute with various similarly situated organizations, it appears there is not a standard process across the State. Some governments attempt to charge for producing records, some charge for actual costs of the record, and some do not charge any fee, but it does not appear many jurisdictions charge for clerical or personnel time even when the request takes an excessive and burdensome amount of personnel time toc compile and review. Jurisdictions may be apprehensive to charge for fulfilling burdensome records due to North Carolina General Statutes S 132-9(c) that allows the recovery of attorneys' fees if an action is brought and the requestor successfully It seems all local and state governments could benefit from the Attorney General's Office issuing an opinion providing guidance concerning the use of a special service charge for labor costs of the personnel fulfilling a burdensome public records request under North Carolina General Statutes S 132-6.2(b) especially as it correlates to North Carolina General Statutes S 132-6(c). We respectfully ask that you consider issuing an  the time for redaction.  compels the disclosure of the public records.  opinion addressing this matter. Very truly yours, Ah  Whitney Parrish, Lee County Attorney  P.O. Box 1968-Sanford, North Carolina 27331 I( (919)718-4605 I LeeCountyNC.gov I @LeeCountyNC    III March 25, 2024 Lee County Government 805 South Fifth Street Sanford, North Carolina, 27330  Attention:  Mr. Brandon Key Director of Development Services Proposal for Building Distress Study Lee County Mental Health Building 130 Carbonton Road Sanford, North Carolina S&ME Proposal No. 24050078  Reference:  Dear Mr. Key:  S&ME, Inc. (S&ME) appreciates the opportunity to submit this proposal for the referenced project. This proposal is based on a request via email from you to Mr. Eric Shaffer (S&.ME) between January 26 and. January 31,2024 and beween Mr. Ryan Faulk (Lee County) and Mr. Keith Brown between January 31 and February 1, 2024. This proposel describes our understanding of the project, discusses the intended scope of services, outlines the project schedule, and presents the associated compensation for our services. An Agreement for Services (AS-071) is attached and is  incorporated as part of this proposal. Project Information  This proposal is based on the following information:  Email communication mentioned above.  Selected Building Plan drawings (labeled M-1, M-2, P-2, and S-1), prepared by Middleton, Wilkerson, Previous limited subsurface exploration of the existing gymnasium portion of the building by S&ME Site visit performed on February 14, 2024 between Lee County Representatives, Building Maintenance, Mr. Will Harrison (S&ME) and Mr. Scott Hancock (S&ME) to observe building conditions and devise a strategy  McMillian Architects dated November 29, 1968 and revised January 6, 1969.  (report dated May 6, 2008). for exploration. Lee County GIS website. Google Earth aerial imagery.  The existing building is a one-story grade supported structure with exterior brick veneer, a slab-on-grade floor, and numerous interior partition walls. The rear of the structure has an attached high roof gymnasium with CMU block  S&ME, Inc. 13201 Spring Forest Road, Raleigh, NC27616] Ip (919) 872-2660! www.smeinc.com    &  Proposal for Building Distress Study Lee County Mental Health Building  130 Carbonton Road Sanford, North Carolina S&ME Proposal No. 24050078  IE  walls, brick veneer, and a slab-on-grade floor. The building and gymnasium were construted around 1968 and 1969. Drawing M-1 shows an extensive underground HVAC duct system beneath the building and gymnasium slab-on- Chronic building distress has been experienced over the years. Distress has included cracks of the exterior brick veneer and gym interior CMU walls, interior slab cracks, cracking interior finishes, and racking ofi interior and exterior  grade floor.  door frames requiring regular adjustments to maintain functionality.  A study has been requested to explore cause(s) of distress and general approaches to repair.  Discussion  Cracks and distress are widespread across the building. The observed distress may be separated into three categories: slab supported construction (interior partitions), foundation supported construction (exterior wall and columns), and Slab supported construction distress consists predominately of sheetrock cracks, separations of interior finishes, settiement of exterior concrete slabs immediately adjacent to the building, and functionality of slab-supported doors. This distress appears to be due to differential slab movement. Some slab movements appear to be due to subgrade conditions. Some lateral wall movement distress appears to be due to ineffective masonry expansion joints. Foundation supported distress consists of cracking of gym interior CMU walls. This appears to be due to foundation settlement, portions of which may be due to the weight of fill placed to raise the gym floor elevation to match the Masonry distress of the exterior brick veneer appears predominately to be due to deferred maintenance and ineffective masonry expansion joints. We propose to subcontract a Structural Engineer with masonry experience to collaborate on masonry repairs and thermal masonry wall movements that may be the source of some interior  masonry construction (CMU gym walls and exterior brick veneer).  remainder of the building.  distress.  Slab Supported Building Distress Study - Scope of Services  Creation of a Base Drawing  Al base drawing will be prepared for use in documenting the locations of different types of distress. This base drawing will be used to present both the locations of "Slab Supported Building Distress" (report prepared by S8&ME) and Masonry Building Distress (report prepared by Structural Engineer). The drawing will be prepared from existing  drawings and will not be survey quality.  Observyations/Documentation of Existing Conditions  Slab supported building distress will be documented on the base drawing (S&ME report). The location of columns, strip foundations, below: slab HVAC ducts, sanitary sewers, interior partitions, and previous polyurethane grouting will be shown on the base drawing to assist in determination of the cause(s) of distress. The plumb and square of selected  door frames willl be measured as well as representative doors that have not required maintenance.  March 25, 2024  2    &  Proposal for Building Distress Study Lee County Mental Health Building  130 Carbonton Road Sanford, North Carolina S&ME Proposal No. 24050078  Relative Elevation Measurements  The relative elevation of an exterior brick veneer course around the building and interior gym CMU wails will be measured using a Zip Level. These relative elevation measurements will be graphed and correlated with observed The interior slab on grade relative elevations will be measured in accessible locations across the interior portion of the building footprint using a Zip Level. In general, measurements will be attempted in the approximate 4 corners of offices and the approximate office center. Larger rooms will require additional measurements. When different floor coverings are encountered, S&ME will approximate the additional floor covering thickness so that all measurements have the same elevation datum relative to the top of slab. The objective of the slab differential elevation survey is to evaluate relative slab movements, and correlate those movements with documented building distress, underground  brick/CMU distress.  utilities, previous repairs, etc. Hand Auger Borings  Based on observations and measurements, S&ME personnel will select 31 to 4 locations to perform hand auger borings to explore slab support conditions. The: slab will be cored where necessary to advance hand auger borings. Soils will be visually stratified and syamic cone penetrometer tests performed to explore soil consistency to depths of3 1o5 foet below the slab: surface. Hand auger borings will be backfilled with excavated materials and the slab holes repaired with grout. Seiected samples of subgrade materials will be returned to S&ME's laboratory for index testing  (naturai moisture, Atterbes g, and/or grain size distribution).  Masonry Distress Observations movements of exterior masonry walls. Evaluation and Report  AS Structural Engineer with masonry experience will perform observations of the exterior brick veneer, interior exposed CMU blocks in the gymnasium, control joints, and interior lateral movement distress potentially caused by thermai  The findings will be evaluated and professional opinions developed of the potential cause(s) of building distress. Based on the potential cause(s) of distress, general approaches to repair willl be presented. Drawings and Separate reports will be prepared by S&ME (Slab and Foundation Supported Building Distress) and the Structural Engineer (Masonry Building Distress) providing professional opinion(s) of the cause of distress and general approaches to repair. The reports will use the same base drawing to present the locations of distress.  spacifications for implementation of repairs are not included in this scope of services.  March 25, 2024    9  Proposal for Building Distress Study Lee County Mental Health Building  130 Carbonton Road Sanford, North Carolina S&ME Proposal No. 24050078  Excluded Services  Without attempting to be a list of all services or potential services that will be excluded, the following services are specifically excluded from this proposal. If any oft the excluded services are required, please contact us so that we can  modify this proposal or prepare a proposal for additional services.  Re-landscaping or otherwise restoring the site or building to its original condition.  Land survey services. additional authorized service.  Invasive, destructive exploration of building conditions. If these are necessary, they will be performed as an Environmental assessment or investigation for the presence or absence of hazardous or toxic materials int the  Drawings and specifications suitable for bidding implementation of repairs.  soil, groundwater, building materials, or surface water. Attendance at post report in-person meetings.  - Limitations  Please note that the scope of building distress exploration is subjective and causes of all distress may not be determined. The conclusions and recommendations provided will be based on available information, experience,  observations, and measurements performed. Client Responsibilities  The Scope of Services, fees, and project schedule presented herein are contingent upon the client fulfilling the  following responsibilities:  Provide signed authorization for our: services. Provide access to the site.  Confirm interior building areas are accessible and free of obstructions.  Notify S&ME personnel of the location of underground utilities within the building footprint.  Schedule  We anticipate the reports (2) can be completed within approximately 8 weeks after written authorization to proceed.  Compensation  S&ME can perform the services outlined in this proposal for the following Lump Sum fees.  Slab and Foundation Supported Building Distress Study  $30,200 $4,600 $34,800  Masonry Building Distress Study  Total Fee  March 25, 2024    &  Proposal for Building Distress Study Lee County Mental Health Building  130 Carbonton Road Sanford, North Carolina S&ME Proposal No. 24050078  II BEE  Authorization  An Agreement for Services (AS-071) is attached and incorporated as a part oft this proposal. Please sign the agreement and return to our office as your authorization of the proposed scope of services and the associated fee. Upon receipt of the signed agreement, we will execute the agreement, return a copy to you, and proceed with the performance of our services. Any changes or modifications to AS-071 or the proposal are required to be acknowledged by both parties initialing acceptance of this proposal and agreement for services next to the change or If you elect to accept our proposal by issuing a purchase order, then please specifically reference this proposal number and date. Your purchase order will be an acceptance of our Agreement for Services and an authorization to proceed with the performance of our services. The terms and conditions included in any purchase order shall not apply, and are hereby specifically rejected, as our agreement is for services which are not compatible with purchase order If this proposal is transmitted to you via email, and ify you choose to accept this proposal by email, your reply email acceptance will: serve as your representation to S&ME that you have reviewed the proposal and the associated  modification.  agreements.  Agreement for Services (AS-071) and hereby accept both as written.  Closure  S&ME appreciates the opportunity to submit this proposal to provide building distress services for this project. ifyou have questions concerning this proposal, or if additional information is required, please contact us.  Sincerely, S&ME, Inc.  Aush Scott Hancock, P.E. Technical Principal/Vice President  Whs Will Harrison Associate Project Manager  fan  Attachments: Agreement for Services Form (AS-071)  March 25, 2024    AGREEMENT FOR SERVICES  IForm AS-071  Date: March 25, 2024 S&ME, Inc. (hereafter Consultant) Address: 3201 Spring Forest Road City: Raleigh State: NC Fax:  Job Number: 24050078 Client Name: (hereafter Client) Address: 805 South Fifth Street City: Sanford State: NC Telephone: Fax: PROJECT  Lee County North Carolina  Zip: 27616  Zip: 27330  Telephone: 919-872-2660  Project Name: .CAeALMeNRAN Carbonton_Rd Project location: (Street Address) 130 Carbonton Rd  City: Sanford  State: NC SERVICES TO BE RENDERED dated: 2024-03-25  Zip: 27330  Proposal Number: 24050078  is incorporated into this Agreement For  Services and this Agreement For Services is incorporated into this Proposal.  Client desires to contract with Consultant for the Services to be Rendered ("Services") on Client's Project, as contained in Consultant's Proposal. The Proposal and Client's Project are referenced immediately above. THEREFORE, in consideration of the Mutual Covenants and Promises included herein, Client and Consultant 1. ACCEPTANCE: Client hereby accepts this offer by Consultant to provide the Services as contained in Consultant's Proposal and agrees that such Services and any additional Services performed by Consultant shall be governed by this Agreement. If Client directs that Services commence prior to execution of this Agreement, Client agrees that commencement of Services by Consultant is acceptance of the terms of this Agreement. CLIENT MAY. ACCEPT THIS AGREEMENT FOR SERVICES THROUGH THE USE OF CLIENT'S PURCHASE ORDER, HOWEVER ALL PREPRINTED TERMS AND CONDITIONS ON CLIENT'S PURCHASE ORDER ARE INAPPLICABLE, ARE EXPRESSLY REJECTED, AND THE TERMS OF THIS AGREEMENT SHALL GOVERN. Unless this offer is previously accepted, it will be withdrawn automatically 2. CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement for Services the Proposal identified under' "SERVICES TO BE RENDERED," and all mutually executed Change Orders. This Agreement for Services along with the Contract Documents represent the entire understanding and agreement between the parties relating to the Services and supersedes any and all prior negotiations, discussions, and agreements, whether written or oral, between the parties regarding same. Any terms and conditions which Client is obligated to perform or satisfy, whether by law or contract, or proposed in any acknowledgmenis or acceptance by Client which are in addition to, or different from, this Agreement for Services along with the Contract Documents are hereby expressly rejected and shall not become part of the agreement between the  agree as follows:  at 5:00 pm EST, thirty (30) days from the date of issue.  AS-071 Rev-07-01-22  1of7    parties without Consultant's specific written consent. Any acceptance by Client is limited to acceptance of the 3. SCOPE OF SERVICES: Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the services included in Consultant's proposal received by Client are adequate and sufficient for Client's intended purpose. Client shall communicate the provisions of this Agreement for Services to each and every third party to whom Client transmits any part of Consultant's work. Consultant shall have no duty or obligation to any third party except as specifically set forth in Consultant's Consultant has provided Client with the Proposal identified under 'Services to be Rendered." By signing below, Client agrees that Client or the Client's representative has examined Consultant's proposal, which includes a scope of work to be performed by Consultant, an opinion on the cost to perform Consultant's scope ofv work, and an opinion on the amount of time required to perform Consultant's scope of work along with any other documents, opinions, or advice prepared or provided by Consultant and Client agrees that Client is fully satisfied with Consultant's Proposal and Client obtained the advice of any other consultant(s) as the Client deems necessary to protect the Client's interests. Client also agrees by signing below it is responsible for requesting additional services not included in Consultant's proposal and if necessary, Client agrees itis is responsible (even if delegated to a third party) for notifying and scheduling Consultant sO Consultant can perform the Services. Consultant shall not be responsible for damages caused by services not periormed due toa any failure to request or schedule Consultant's Services. If project conditions change materially from those described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Consultant shall not supervise, direct or have control over the Client's work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Client's contractor and/or agents. These rights and responsibilities are solely those of the contractor or agent in accordance with its agreement with Client. Only Client has the right to reject or stop work of its contractor or agents. Consultant's presence on sie does not in any way guarantee the completion, quality or performance oft the work by any other party retained by Client. Consultant does not guarantee the performance of any contractor or agent of Client and shall not be responsible for such party's failure to perform its work in accordance with any applicable documents, including but not limited to, the plans and specifications or any applicable laws, codes, Any evaluations of the Client's budget for the project, and any preliminary or updated estimates of the cost of the work prepared by Consultant represent Consultant's judgment as a design professional familiar with the construction industry. Itis recognized, however, that neither Consultant nor Client has control over the cost of the labor, materials or equipment, over the contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, Consultant does not warrant or represent that bids or negotiated prices will not vary from Client's budget for the project, or from any estimate of the cost of the work 4. CHANGE ORDERS: Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will provide a change order proposal including Client's requested changes to the scope of Services for Client's review and approval. Following Client's approval, Client shall provide written acceptance and such Change Order Proposal shal! become part of the Contract Documents and shall supersede any prior conflicting terms. If Client does not follow these procedures, but instead directs Consuitant to perform changed or additional work without an executed change order, (1) the Services are changed according to Consultant's understanding of Client's direction; and (2) and Consultant will be paid for this work according to the current fee schedule plus fifteen percent (15%). 5. PAYMENT: Client will pay Consultant for Services and expenses in accordance with the Contract Documents. Ifprices for Services are not specified in the Contract Documents, Consultant's current fee schedule in effect for the type of services performed shall control. Unless otherwise agreed prior to the start of the Services, Consultant will submit invoices to Client monthly and a final invoice upon completion of Services. Payment is due upon receipt of the invoice unless otherwise agreed to in writing prior to the submittal of the invoice.  express terms set forth in this Agreement for Services.  proposal.  Services and fee.  rules or regulations.  evaluation prepared or agreed to by Consultant.  AS-071 Rev-07-01-22  2of7    Invoices are past due 30 calendar days after the date of the invoice. Past due amounts are subject to a late fee of one and one-half percent per month (18 percent per annum) or the highest amount allowed by applicable law on the outstanding balance, whichever is less. Attorney's fees and other costs incurred in collecting past due amounts shall be paid by Client. The Client's obligation to pay under this Agreement is in no way dependent upon the Client's ability to obtain financing, payment from third parties, approval of governmental or regulatory agencies, or Client's successful completion oft the Project. In addition, CONSULTANT reserves the right to suspend the performance of all services in any case where invoices To verify the CLIENT's requirements for appropriate invoicing, the following information is requested.  remain unpaid more than sixty (60) days from the invoice date.  CLIENT Accounts Payable contact name: CLIENT Accounts Payable contact phone number: CLIENT Accounts Payable email address:  Upon execution of this document, CONSULTANT will reach out to the contact provided to gather CLIENT's required information such as purchase order number, client project number, email address or website for invoice submission, monthly deadline for invoice submission, CLIENT legal entity name for invoicing, CLIENT 6. STANDARD OF CARE: Consultant and its agents, émployees and subcontractors shall endeavor to perform the Services for Client with that degree of care and skill ordinarily exercised, under similar circumstances, by consultants practicing in the same discipline at the same time and location. Ini the event any portion of the Services fails to substantially comply with this standard of care obligation and Consultant is promptly notified ins writing prior to one year after completion of such portion of the Services, Consultant AS perform 9 6 pertion of the Services, or if re-performance is impractical, Consultant will refund thet asouet of compey  paid so Consulantor such portion oft the Services. NOTWITHSTANDING ANY TERE 40 AP6  TQ THIS AGREEMENT, CONSULTANT MAKES NO WARRANTIES OR GUARANTESSA ES IED, RELATING TO CONSULTANT'S SERVICES OR WORK PRODUCT, AND SSULTAN DISCLAIMS ANY RIPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. LIMITATION OF LIABILITY: Client and Consultant have evaluated the risks and rewards associated with this project, including Consultant's fee relative to the risks assumed, and agree to allocate certain ofthe associated risks. To the fullest extent permitted by law, Consultant's aggregate liability to Client, including that of Consultant's officers, directors, employees and agents, is cumulatively limited to $100,000, hercinafter referred to as LIMITATION OF LIABILITY. This LIMITATION OF LIABILITY applies to all lawsuits, claims or actions, whether identified as arising in tort, INCLUDING NEGLIGENCE (WHETHER SOLE OR CONCURRENT), PROFESSIONAL ERROR OR OMISSIONS, BREACH OF WARRANTY (EXPRESE OR MPLIED), NEGLIGENT MISREPRESENTATION, AND STRICT LIABILITY, contract, or other legal theory, including without limitation, Consultant's indemnity obligations to Client related to the Services provided in By entering into this Agreement, Client acknowledges that this LIMITATION OF LIABILITY provision has been reviewed, understood and is a material part of this Agreement, and that Client has had an opportunity 8. NOCONSEQUENTIAL DAMAGES: In no event shall Consultant or Client be liable to the other for any special, indirect, incidental or consequential loss or damages, including, but not limited to, lost profits, damages for delay, or loss of use arising from or related to Services provided by Consultant. 9. INSTRUMENTS OF SERVICE: In connection with the performance of the Services, Consultant may deliver to Client reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the Consultant reflecting Services provided and the results of such Services ("Instruments of  address for invoicing, etc.  this Agreement and any continuation or extension of Consultant's Services.  to seek legal advice regarding this provision.  AS-071 Rev-07-01-22  3of7    Service"). Statements made in Consultant's Instruments of Service are opinions based upon engineering judgment and are not to be construed as representations oft fact. All Instruments of Service, other written documents, all original data gathered by Consultant and work papers produced by Consultant in the performance of ori intrinsic to the Services included in the Services are, and shall remain, the sole and exclusive property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. Client shall indemnify, defend, and hold Consultant harmless from any and all claims, damages, or losses arising from any unauthorized reuse or modification of the Instruments of Service. 10. SAFETY: Consultant has no authority and no responsibility for general job safety and for the safety of persons who are not employed by Consultant. Should Client, or third parties, be conducting activities on the Site, then each shall have responsibility for their own safety and compliance with applicable safety requirements. 11. SAMPLES: Samples are consumed in testing or disposed of upon completion of tests (unless stated otherwise 12. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Consultant to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Client retains full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation  ini the Services).  governing the handling, treatment, storage and disposal of pollutants.  13. CLIENT OBLIGATIONS:  (a) Client warrants that all information provided to Consultant regarding the Project and Project location are (b) Client agrees to furnish (or obtain from the Owner should the Client not be the Owner) Consultant, its 2, agents, employees, and subcontractors a right-of-entry and any authorizations needed for Consultant to (c) Client recognizes that the performance of the Services included in this Agreement may cause alteration or damage to the Site. Client acknowledges that some site disturbance is inherent in the work for which Consultant will not be responsible. Should Client not be owner of the property, then Client agrees to notify the owner of the aforementioned possibility of unavoidable alteration and damage and Client shall arrange (d) Client agrees to disclose the identity of all utilities serving the Project Site, the presence and accurate location of hidden or obscured man-made objects known to Client that may be in Consultant's work area and the nature and location of any known or suspected hazardous materials that may exist on the property. (e) The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The Consultant may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy (f) In order to make informed decisions based on the Instruments of Service, Client's review and study of the Instruments of Service is vital to take full advantage of the consulting process. Client shall review in detail all Instruments of Service, including attachments and references therein, and in the event of questions or concerns, shall contact the project manager. Consultant provides information in the Instruments of Service which assists the Client and/or user in understanding and using the deliverable. The information includes direction on the extent to which the information can be relied on and applied to (g) Provide prompt written notice to CONSULTANT if CLIENT becomes aware of any fault or problem in  complete and accurate to the best of Client's knowledge.  enter onto the project site to perform the Services included in this Agreement.  for the repair of any alteration and damage.  and completeness thereof.  Client's decision-making process.  the PROJECT, including any errors or omissions in CONSULTANTS work.  AS-071 Rev-07-01-22  4of7    (h) Client is responsible for reporting any releases of hazardous substances to appropriate government agencies as required by law. Client acknowledges that Consultant also may have reporting obligations under controlling law and regulations. Client waives any claim against Consultant and will indemnify and hold Consultant harmless from any claim, injury or loss arising from the discovery of unforeseen hazardous 14. CERTIFICATIONS: Client understands and agrees that Consultant's Instruments of Services are limited to an expression of professional opinion based upon the Services performed by the Consultant and does not constitute a warranty or guarantee, either express ori implied. In addition, Client agrees that Consultant will not be required to execute any document that would result in certifying, guaranteeing or warranting the existence 15. FAILURE TO FOLLOW RECOMMENDATIONS The Client agrees that it would be unfair to hold the Consultant liable for problems that may occur ift the Consultant's recommendations are not followed. Accordingly, the Client waives any claim against the Consultant, and agrees to indemnify, and hold harmless the Consultant from any claim or liability for injury or loss that results from failure to implement the Consultant's recommendations or from implementation of the Consultant's recommendations in a manner that is not in strict For Convenience - Upon written notice, Client or Consultant may terminate the performance of any further Services ncluded in this Agreement if the terminating party determines termination is in the terminating party's interest. Upon receipt of a termination notice by either party, Consultant shall stop work on all Services included in this Agreement and deliver any Instruments of Service complete at that time to Client and Client shall pay Consultant within thirty (30) days for all Services performed up to the dispatch or receipt of the termination notice. Upon Termination for Convenience, Consultant and Client shall have no For Cause -In the event of material breach of this Agreement, the party not breaching the. Agreement may terminate it upon five (5) business days written notice delivered or mailed to the other party, which notice must identify the material breach. The Agreement may not be terminated for cause if the breaching parly cures the breach within five (5) business days of receipt oft the written notice. Upon Termination for Cause, Consultant shall stop work on all Services included in this Agreement and deliver any instruments of service. complete at that time to Client and Client shall pay Consultant within thirty (30) days for all Services performed up tot the termination. Upon Termination for Cause, Consultant and Client shall have no further 17.UNFORESEEN CONDITIONS OR OCCURRENCES: If, during the performance of Services any unforeseen hazardous substance, material, element or constituent or other unforeseen or changed conditions or occurrences are encountered which, in Consultant's judgment, significantly affects or may affect the Services, the risk involved in providing the Services, or the recommended Scope of Services, Consultant will promptly notify Client. Subsequent to that notification, Consultant may: (a) If practicable, in Consultant's judgment and with approval of Client, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; (b) Agree with Client to modify the Scope of Services and the estimate of charges to include the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated into this Agreement; or (c) Terminate the Services effective on the date of notification 18. FORCE MAJEURE: Consultant shal! not be deemed to be in default oft this Agreement to the extent that any delay or failure int the performance of the Scope of Work results from any causes beyond its reasonable control. For this purpose, such acts or events shall include, but are not limited to, storms, floods, unusually severe weather, epidemics, pandemics, quarantines, acts of government, civil disturbances, war, riot, strikes, lockouts or other industrial disturbances, and the inability within reasonable diligence to supply personnel, equipment, information or material to the Project. Int the event that such acts or events occur, it is agreed that Consultant shall attempt to resume performance of the Services covered by this Agreement as soon as  substances.  of conditions whose existence the Consultant cannot reasonably ascertain.  accordance with them. 16. TERMINATION:  further rights or remedies other than those included in this paragraph.  rights or remedies other than those included in this paragraph.  pursuant to the terms of TERMINATION FOR CONVENIENCE.  AS-071 Rev-07-01-22  5of7    reasonably possible. Ift the force majeure event adversely affects the scope or schedule, Client agrees to modify the Scope of Services and the estimate of charges, such revision to be in writing and signed by the 19. INSURANCE: Consultant shall maintain at its own expense, during the term of this Agreement, the following insurance: (1) Workers' Compensation providing statutory coverages required by the state where services are provided, (2) Employer's Liability with limits of $1,000,000 each accident, (3) Commercial General Liability with limits of $1,000,000 each occumence/$2000.000 aggregate, (4) Commercial Automobile with limits of $1,000,000 each accident, (5) Umbreila Excess Liability with limits of $5,000,000 each occurrence and (6) 20. INDEMNITY: Consultant shall indemnify Client from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent caused by the negligent acts, errors, or omissions of Consultant in the performance of services under this Agreement. Notwithstanding, any terms in or applicable to this Agreement, it is understood 21. DISPUTE RESOLUTION: In the event of a dispute between Consultant and Client with regard to any matter arising out of or related to this Agreement, the Parties will use their best efforts to resolve the dispute amicably using negotiation and mediation within fifteen (15) calendar days. Ift the dispute cannot be settled amicably, the Parties agree that the dispute shall be resolved by litigation in a court of competent jurisdiction within the 22. ASSIGNMENT: Neither party may assign this Agreement, in whole ori in part, without the prior written consent 23. NO WAIVER: No waiver by either party of any default by the other party ini the performance of any provision  of this Agreement shall operate as or be construed as a waiver of any future default, whether like or different in 24. MISCELLANEOUS: The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the laws of the state where project is located without regard to choice of! law provisions. This Agreement: represents the entire understanding and agreement between the parties hereto relating to the Services and supersedes any and all prior negotiations, discussions, and Agreements, whether written or oral, between the parties regarding same. No amendment or modification to this Agreement or any waiver of any provisions hereof shall be effective unless in writing, signed by both Parties. lany part of this Agreement is found to be unenforceable, then the parties' intent is to have such part rewritten to attain as close as possible the original intent of the unenforceable provision, and all remaining provisions shall continue 25. TIME BAR: Notwithstanding any applicable state statute of repose or statute of limitation, the Parties agree that all legal actions by either party against the other concerning this Agreement or the work performed in relation to this Agreement, will become barred two (2) years from the time the party knew or should have known oft the claim, or two (2) years after completion of Consultant's Services, whichever occurs earlier. 26. NO DISCRIMINATION: To the extent applicable, this contractor and subcontractor shal! abide by the requirements of 41 CFR SS 60-1.4(a), 60-300.5(a). and 60-741.5(a) and the posting requirement under 29 CFR Part 471, appendix A to subpart A: These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action toe employ and advance in employment individuals without regard to race, coior, religion, sex, sexual 27. NO THIRD PARTY LIABILITY: Nothing in this Agreement or as a consequence of any of the Services provided gives any rights or benefits to anyone other than Client and Consultant. All duties and responsibilities  parties and incorporated into this Agreement.  Professional Liability with limits of $1,000,000 each claim.  and agreed that Consultant shall have no affirmative defense obligations.  State where project is located. of the other party. character.  inf full force and effect.  orientation, gender identity, national origin, protected veteran status or disability.  AS-071 Rev-07-01-22  6of7    undertaken pursuant to this Agreement are for the sole and exclusive benefit of Client and Consultant and not for the benefit of any other party. No third party shall have the right to rely on the Instruments of Service without Consultant's prior written consent and the third party's agreement to be bound to the same terms and 28. INDIVIDUAL LIABILITY: CLIENT AGREES THAT CONSULTANTS SERVICES WILL NOT SUBJECT CONSULTANTS INDIVIDUAL EMPLOYEES, OFFICERS OR DIRECTORS TO ANY PERSONAL LIABILITY, AND THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE TO DIRECT OR ASSERT ANY CLAIM, DEMAND, OR SUIT ONLY  conditions as the Client.  AGAINST CONSULTANT.  CONSULTANT HEREBY ADVISES CLIENT THAT ITS PERFORMANCE OF THIS AGREEMENT IS EXPRESSLY CONDITIONED ON CLIENT'S ASSENT TO THE TERMS AND CONDITIONS DETAILED HEREIN. INWITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized  representative.  CLIENT: Lee County North Carolina  S&ME, Inc. BY:  BY:  Signature) (Print Name /Title)  (Signature). 3, 95: i: (Print? Name /Title)  HaDlulw KIRK D.SMTE  DATE: 15 Jvcy aoay PROPOSAL NUMBER: 24050078  DATE: March 25, 2024  Client's FAXED or DIGITAL signature to be treated as original signature  This instrument has been preaudtted In the manner required by the Local Govemment Budget and Fiscgl Control Act Candace Sman Finance Offiçer, Lee County  AS-071 Rev-07-01-22  7of7    Exemption from Architectural, Engineering and Surveying Qualifications-Based Selection Process for Fees Less than  $50,000  Lee County Daymark Mental Health Structural Survey  Name of Project: Responsible Department: S&ME, Inc. Vendor: $34,800 Amount:  Lee County General Services  N.C.G.S. 143-64.31 requires the initial selection and evaluation of firms to perform architectural, engineering, surveying, construction management-at-sk services and design-build services (collectively "design services") to be based on qualifications and without regard to fee, the qualification selection process must be announced: and good faith efforts must be made to notify minority firms.  AND  N.C.G.S. 143-64.32 authorizes units of local government to exempt contracts for services from the qualifications based selection ("QBS") requirements of G.S. 143-64.31 if the estimated fee is less than $50,000 and the estimated professional fee for services for the above-described project is less than Lee County proposes to enter into a contract for services for work on the above described project. The above described project is hereby made exempt from the provisions of N.C.G.S. 143-64,31. On March 16, 2020, the Lee County Board of Commissioners adopted a resolution exempting the government from requiring QBS procedures for eligible projects under G.S. 143-64.31 and authorized the County Manager to approve each project on a case-Dy-case basis and by signing below, has approved  $50,000.  such exemption. Reyar Gfaulib Department Head Jo Assistant Fhance Lapfnik  06/26/2024 Date 1e/27/24 Date 15Juy30a4 Date  County    COPY#2  TM  CHANGING THE WAY    SECTION 00 4113 BID FORM  To: Project: Date:  Lee County Government ofl North Carolina 115 Chatham Street, Suite 301, Sanford, NC: 27330 106 Hillcrest Drive, Sanford, NC: 27330  Lee County Switchgear Upgrade and Optional Stand-By Gencrator Replacement  5/17/2024  Bidder: RECORE, LLC  52V W. Windsor Blvd., Windsor, VA 23487  Address:  Phone: (757)284-4845  Email: aylwal@recole.ene)  North Carolina License No.: U.35510 Classification: Unlimited Limitation: Any project regardless  ofvalue  SCOPE OF WORK  Provide all necessary labor, material (including sales tax), equipment, supervision, etc. to upgrade the existing switchgear and replace the existing backup. generator at the Lee County Government Center. Base Bid includes a new main distribution panel, automatic transfer switch, enclosed circuit breaker, and required electrical equipment in support ofinstalling a new optional stand-by generator for 106 hillcrest drive. Alternate 1 includes a new 230kw optional stand-by generator with natural gas connection, and new lighting inverters. Alternate 2 includes circuit tracing and labeling of receptacles in the building.  We: are in receipt of Addendum X  X  The undersigned, as bidder, proposes and agrees if this bid is accepted to contract with Lee County Government through the furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in these documents in full and complete accordance with plans, specifications, and contract documents, and to the full and entire satisfaction ofLee County Government  for the sum of: BASEBID: Alternate # Description  #296,840.00  Add or Deduct Alternate (to Base Bid) Bid Price  Accepted (OWNER INITIALS INDICATES ALTERNATE)  (Enter $ Value) ACCEPTANCE OF  Alternate No. 1: 230kw optional stand-by generator with natural gas connection, and new. lighting inverters. Altermate No. 2: Circuit tracing and labeling of receptacles in building.  ADD ADD  $584,655.0 $27,820.00  Dewberry Engineers Inc. DEIH 50156915  Bid! Form 004113-1  Lec County Switchgear Upgrade: and Optional Stand-By Generator Replacement  All prices include tax    ALLOWANCES: $40,000.00 (Lump Sum) allowance for unforeseen conditions.  UNIT PRICES: None SCHEDULE OF COMPLETION:  The undersigned understands that time is of the essence and agrees to the Contract Time and liquidated damages as indicated in General Conditions of the Contract for Construction and Supplementary Conditions apply to this Work. The undersigned hereby agrees to commence work on this project within fourteen (14) days following receipt of an Executed Agreement between Owner and Contractor. Date of commencement will be established in al Notice to Proceed issued to Contractor. Work under the Base Bid shall be completed within 365 calendar days from the date of commencement. Work under Alternate 1,if accepted, shall be completed within 450 days from the date ofcommencement. Work under Alternate 2, if accepted, shall be not extend the project schedule established under either the Base Bid or Alternate 1. Applicable liquidated damages shall be stated in the contract agreement and general conditions.  SUBCONTRACTORS:  Ifsubcontractors are to be utilized, the Bidder shall fill out all blanks on the list below. All subcontractors shall be listed. The Bidder shall identify work by the general, subcontractor or not applicable for eacht trade; utilize parenthesis Otol list trades not provided. Do not list suppliers. All blanks must be filled in. Failure to do sO may result in bid being declared non-responsive. Ifthere is more than one subcontractor per trade identified below, list all. Ifno subcontractors are tol be utilized, indicate by signing at the appropriate place  at the bottom oft the table. Trade General C & Electrcial Waste Disposal Utility Locate Other Electrical Other General We do not plan to use subcontract forces ENCLOSURES:  Company JLI Britt Electric, Inc  License # U.04648 L.27348  L.74783  Angel Advanced Technologies U.30701  River City Construction  Provide the following enclosures with submitted bid:  A. Bid Bond  B. Minority, Woman, and Small Business Enterprises Submittals as required by Section 004 4539  Minoriy/Historicaly Underutilized Business Guidelines":  I. 2.  MWSBE dentification Form  State of North Carolina Affidavit A. - Listing oft the Good Faith Effort State of North Carolina Affidavit B - Intent to Perform Contract with Own Workforce  or-  C. Section 00 52 13 "Standard: Form of Agreement" Lee Counly Switchgear Upgrade and Oplional Stand-By Generator Replacement  Dewherry Engincers Inc. DEI# 50156915  Bid Form 004113-2    Respectfully submittedt! this_ 17_dayo of_ Printed Name: Steven A. Harmon  May  2024.  Company:  RECORE, LLC  Signature: Title:  M cPhus  CEO  Nirgaid  (State)  Countyo of ISle DfLignt eoHpc Laiant Mroinia  a Notary Public fLagptom,  (State), do hereby certify that SOTAHOmaA personally  appeared before me this day and acknowledged the due execution of the foregoing instrument.  Witness my hand and official seal, this_ n day of may  2034 RDE  Notary Public  enllu Bodis-lonar My commission expires_ Apil3b  VOTARY  2034  END OF SECTION  Dewberry Engineers Inc. DE!# 50156915  Bid Form 004113-3  Lee County Switchgear Upgrade and Optional Stand-By Generator Replacement    BID BOND  KNOW ALL MEN BY THESE PRESENTS, That we,  RECORE, LLC (Bidder's Name) 521 W. Windsor Boulevard (Street Address)  of Windsor, VA 23487 (City, State,Zip)  hereinafter called the Principal, and Markel Insurance Company (Surety's Name)  a corporation organized and existing under the Laws of the State of Illinois  and  authorized to transact business int the State of North Carolina, as Surety, hereinafter called Surety, are! held and firmly bound unto Lee County Government, as Owner, hereinafter called Obligee, in the Penal sum of five percent (5%)ofthe amount bid, good andl lawful money oft the United! States of America, for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. This bid bond is submitted in lieu of submitting The Condition of this Obligation is such, that, WHEREAS the Principal has submitted a proposal to the of_ Switchgear Upgrade and Optional Stand-By Generator Replacement- Bid Number: 4262-10-24  cash, a cashier's check, or a certified check pursuant to G.S.143-129.  Obligee on a contract for the construction  (Contract Name and Number)  NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enteri into acontract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance ofs such construction for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure oft the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void; otherwise to  remain in full force and effect.  Dewberry Engineers Inc. DEI# 50156915  Bid Bond Form 004313-1  L.ee County Switchgear Upgrade and Optional Stand- By Generator Replacement    In witness whereof, we have hereunto set our signatures and seal this 21st  day of LLC REPOREL CORPORATE SEAL 2001 VIRGINIA  May  2024 all pursuant to due authorization.  RECORE,  (Seal)  Hzhs Principal Steven A. Harmon, CEO Markel Insurance Company  (Seal)  Surety  Momnnucaiel with the attached Power of Attorney  (Sea!)  Attorney-in-Fact in accordance Tammy A. Ward, Attorney-in-Fact  STATE OF Virginia COUNTY OF Virginia Beach  sS:  Terri K. Strawhand  al Notary Public in and for the State and County  aforesaid, do hereby certify that Steven A. Harmon  and  Tammy A. Ward  whose names are signed to the foregoing bond, this day  personally appeared before me in my State and County aforesaid and acknowledged the same.  Given under my hand and seal this 21st  day of May  20 24  Vn Kptar-tand  (Seal)  TERRII K. STRAWHANRotary Ppblic Terri K. Strawhand  NOTARY PUBLIC REG. #247448 COMMONWEALTH OF VIRGINIA MYC COMMISSIONE EXPRES SEPTEMBERSA,ES  Mycumnission expires: September 30, 2026  End of Section B-2  Dewberry Engineers Inc. DEI# 50156915  Bid Bond Form 004313-2  Lee County Swilchgear Upgrade and Optional Stand-By Generator Replacement    Markel Insurance Company LIMITED POWER OF ATTORNEY  Know AIL Men by These Presents, That MARKEL INSURANCE COMPANY (the "Company"), a corporation duly organized ande existing under thel laws oft the State of itstrue and lawful Attorney-in-fact, with fullp power and authority hereby conferred ini itsr name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings ofd other instruments or contracts ofs suretyship toi include waivers tot the conditions ofc contracts ando consents of: surety for,  Mlinois, and havingi its principal administrative officei in Glen Allen, Virginia, does byt these presents make, constitute: anda appoint  Tammy A. Ward  providing the bond penaity does note exceed Principal: RECORE, LLC Amounes: See Bond Form  Obligee: Lee County Governemnt of North Carolina  and tot bind the Company therebya ast fullya and to thes same extent asi fs such bond weres signedt by the President, sealed with the corporate seal oft the Company and duly attested byi its Secretary, hereby ratifyinga ando confirming allt that thes said Attorney-in-Facti may doi in the premises. Said appointment is made under: and by RESOLVED, That the President, any Senior' Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer shall be andi is hereby vested with full power andi authority to appoint any one or more suitable persons as Attorneyls)-in- Attorney-in-Fact may be given full power and authority for andi in the name ofa and on behalf of the Company, to execute, acknowledge and deliver, any and alll bonds, recognizances, contracts. agreements ori indemnitya and other conditional or obligatory undertakings anda any anda all notices and documents cancelingo or terminating the Company's liabilityt thereunder, anda any such instruments soe executed bya any suchA Attorney- FURTHERE RESOLVED, thatt thes signatureofa anya authorized officera ands sealoft the Company! heretofore or herealtera affixedtoanypower ofattorney ora any certificate relating thereto byf façsimile, and any power ofa attorney or certificate bearing facsimile signature orf facsimile seal shallt bev valid inWitness Whereof, MARKEL INSURANCE COMPANY haso caused these presents tot bes signed! byi its Vice President, andi its corporates seaito bel hereto affixed  authority oft the following resolution oft the Board of Directors of Marke!l Insurance Company:  Fact tor represent and actf for ont behalf of the Company, subject tot the following provisions:  in-Fact shall be binding upon the Companya asifs signed byt the President ands sealed and effected by the Secretary and binding upon the Company with respect toa any! bond oru undertaking to which itisa attached  this 13" dayof January 2023.  - MARKEL) By:  State ofT Texas CountyofTravis:  SEAL -RAROR-    Ont this 13t dayof lanuary 2023 before me personally came Lindey) Jennings, tor mek known, who being! by me duly sworn, did depose and sayt that he resides in Travis County, Texas, where heis is Vice President of MARKEL INSURANCE COMPANY, the company describedina andy which executed the above instrument; that hel knows thes seal ofs said Company: thatt the seala affixed to said instrument iss such corporate seal;t thati it was s0 affixed bys order oft the Boardo of Directors ofs said  Company; and that hes signed his name theretot by! like order.  JULIE E. MCCLARY Notary Public State of Texas Commission # 12947680-5 Commission Expires March 29, 2026  E  By: Oui JulieE. McClary, Notary Public My commission expires 3/29/2025  bCno  Andrew Marquis, Assistant Secretary of MARKEL INSURANCE COMPANY, doh hereby certify that the above and foregoingi is true and correct copy ofa Power of Attorney, executed bys said Company, whichi is stili in fullf force ande effect; and, furthermore, ther resolutions oft the Board of Directors, set outi int the Power of  Attorney: arei in fullf force: ande effect.  Given under my! hand and thes seal ofs said Company: at Austin, Texast this 21sL dayof May 20244   V:  Anyi instrumenti issued ins excess ofthep penaltys stateda abovei is totally voida andy without anyy validity.  Forv verification oft thez authority of this Power your may call (713) 812-0 0800 on any business dayt betweens 8:30A AMa and5 5:00PMCST.    SECTION H  Identification of HUB Certified/ Minority Business Participation  RECORE, LLC  (Name of Bidder)  do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services.  Firm Name, Address and Phone #  Work Type  *Minority **HUB Category WBE, DBE MBE, DBE  Certified (Y/N) Y Y  River City Construction (252)946-8164 PO Box 1420, Washington, NC 27889 Angel Advanced Technologies (252)256-2773 9138 Caretoke Hwy, Point Harbor, NC 27964  Electrical Electrical  *Minority categories: Black, African American (B), Hispanic (H), Asian. American (A) American Indian (), ** HUB Certification with the state HUB Office required to be counted toward state participation goals, The total value of minority business contracting will be ($). 10% of Base Bid  Female (F) Socially and Economically Disadvantaged (D)  Less than    State of North Carolina AFFIDAVIT A-Listing of Good Faith Efforts  County of Lee Affidavit of_ RECORE, LLC  (Name of Bidder)  Ihave made a good faith effort to comply under the following areas checked:  Bidders must earn at least 50 points from the good faith efforts listed for their bid to be A1-( (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that werel known tot the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope oft the work to be performed. 2-(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due. 3-(15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority 4-(10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses andi included in the bid documents that provide assistance in  considered responsive. (1NC Administrative Code 301.0101)  participation.  recruitment of minority businesses. ori insurance for subcontractors.  XI 5-(10p pts) Attended prebid meetings scheduled byt the public owner.  J 6-( (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding 7-( (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection ofa minority business based on 8-(25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit thati is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the XI 9-(20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when 10- (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to The undersigned, if apparent low bidder, will enter into at formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute al breach oft the contract. The undersigned hereby certifies that he or she has read thei terms oft the minority business commitment and is authorized to bind the bidder to the commitment herein set forth. D57at Name of Authorized Officer: Steven A. Harmon  lack of qualification should have the reasons documented in writing.  bidder's suppliers in order to help minority businesses in establishing credit.  possible.  meet cash-flow demands.  Signature:_ Mrlhs  Title:_ CEO  State qnia County ecislfit Subscribed anfsworn,to befpre met n dayof, my ngk ea My commission expires Apu30,bet  Notary  oseer  ARY    RECORE, LLC  Contract Agreement Between_ THIS AGREEMENT, made the_ RECORE, LLC  and Lee County Government  day of month 202_ by and between (hereinafter referred to as the "Contractor")  and Lee County Government (hereinafter referred to as the Owner") agree as follows:  1. Scope of Work: The Contractor shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: advertisement, Instructions to Bidders, General Conditions, Supplementary General Conditions, specifications, accepted proposals, contract, performance bond, payment bond, power of attorney, worker's compensation, public liability, Exhibit A -Lee County Dispute Resolution Policy, any and all addendums, and 2. The Contractor shall commence work to be performed under this agreement on a date to be: specified in a written order oft the Owner and shall fully complete all work hereunder thereof, liquidated damages shall be $1,000.00 per day. The Contractor, as one ofthe considerations for the awarding of this contract, shall furnish to the Owner a construction schedule setting forth the project broken down by various divisions oft the work and by 3. The Owner agrees to pay to the Contractor for the faithful performance of this agreement, subject to additions and deductions as provided in the specifications or proposal, in 4. Alternates. Alternates, ifa any, included in the Contract Sum are as follows:  all drawings.  within  consecutive calendar days from said date. For each day in excess  the calendar days, as described ini the General Conditions.  lawful money in the amount of$_ 296,84D.00  (Base Bid)  Item  Price  Alternate Bid Item No. 1  Add Add  584,655.00 $_27,820.0  230: KW optional stand-by generator with: natural gas connection, and new lighting inverters Alternate Bid Item No.2 Circuit tracing and labeling ofreceptacles in building  5. Allowances. Allowances, ifa any, included in the Contract Sum are as follows:  Base bid shall include al Lump Sum allowance of $40,000.00 tol be used for unforeseen conditions as directed by Lee County. Unused allowance shall be  returned to the Owner at the end ofthe project.  1    6. Unit Prices. Unit prices, ifany, are as follows:  None.  7. Liquidated Damages. Liquidated damages will be $1,000.00 per day, after the date 8. Binding Dispute Resolution. For any claim subject to, but not resolved by mediation, the method of binding dispute resolution shall be litigation in a court of competent  specified for substantial completion.  jurisdiction.  9. The Owner's Representative is:  Lisa Minter, County Manager 408 Summit Drive Sanford, NC27330 mnter@lersounncgoy The Contractor's Representative is: Daryl Walls, CGO 52W.Windsor Blvd. Windsor, VA 23487 dary.wals@recore.energy  10. Itiffurther mutually agreed between the Parties that if at any time after the executionof this agreement and the surety bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatistactory, or if, for any reason, such bonds cease to be adequate to cover the performance oft the Work, the Contractor, at its own expense, within five (5) days after the receipt oft notice from the Owner sO to do, furish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement, until such new or additional security for the faithful performance ofthe Work shall be furnished ina manner and 11. Compliance with E-Verify requirements: The Contractor and any ofits subcontractors must comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, ifapplicable, which requires certain employers to verify the work authorization of each newly hired employee through the federal E-Verify program operated by the United States Department ofHomeland Security and other federal 12. Divestment from companies that boycott Israel: Contractor certifies that (a) it is not identified on the Israel Boycott List or any other list created by thel NC State Treasurer pursuant to N.C.G.S. 147--86.80 et al and (b) it will not take any action causing it to  form satisfactory to the Owner.  agencies.  2    appear on any such list during the term ofthe contract agreement.  13. Iran Divestment Act Certification. The Contractor certifies that the Contractor is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58 (the Final Divestment List) and the Contractor will not utilize any subcontractors performing work under this Contract which is listed on the Final Divestment List. The Final Divestment List can be found on the State Treasurer's 14. Non-Diserimination in Employment. The Contractor will not discriminate again any employee or applicant for employment because ofage, sex, race, creed, national origin or disability. Int the event Contractor is determined by the final order ofa an appropriate agency or court to be in violation oft this provision or any non-discrimination provision of federal, state or. local law, this Contract may be suspended or terminated, in whole ori in part by the County. In addition, the Contractor may be declared ineligible for further 15. Drug-Free Workplace. During the performance ofthis agreement, the Contractor agrees to () provide a drug-free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees of the unlawful manufacture, sale, distribution, dispensation, possession, or use ofa a controlled substance or marijuana is prohibited in its workplace and specifying the actions that will be taken against employees for violations of such prohibitions, (in) state in all solicitations or advertisements for employees placed by or on its behalft thatit maintains a drug-free workplace; (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00 so that the provisions will be  website at the address and should be updated every 180 days.  contracts with the County.  binding upon each subcontractor or vendor.  16. This agreement becomes effective upon the last signature of! both parties.  3    IN WITNESS WHEREOF, the Parties hereto have executed this agreement on this the  day of  A    CONTRACTOR/FIRM  By: Steven A. Harmon Title: CEO Date: 5/17/2024  w  LEE CPYNTYGOVERNMENT momitw Title: COMMISSION CHAIDMARS Date: 16Jnya0ay  By:  wdall  This instrument has been preaudited int the manner required byt thel Local Goverment Budget and Fisgal Control Act Candadwat Finance Officer, Lee County  COU  GE  4    ECORE  PROPOSED EQUIPMENT BASE BID (ATS) -Lee County NC Bid Number 4262-10-24; Dewberry Project #50156915  AUTOMATIC TRANSFER SWITCH: ASCO  (I)ASCO 300 Series: 1200A, 4-Pole, 208V, Automatic Open Transition Switch, Solid) Neutral 11BE- Adds the following features to the Group G controller: (1) Seriall RS-485 Modbus Communications (2) Multi-Schedule Engine Exerciser (3)a 3001 Entry Event Log and (4)a common alam outpur function. When applied on 3-phase systems it also enables: (1)3-Phase Emergency Source VLL sensing (2) Phase Rotation Monitoring (3) Emergency Source VLL 18RX-REX (Relay Expansion Module) with Normal and] Emergency: available output contacts 30B-Inhibit Transfer tol Emergency Switch Willl Bel Labelled as Non-Antomatic  NEMA-1 Enclosure  Unbalance Monitoring. (18B& 18G) ATS: One (1)) Year Warranty    ECORE  PROPOSED EQUIPMENT Alternate No. 1 (Genset) - Lee County NC  Bid Number 4262-10-24;D Dewberry Project #50156915  GENERATOR BILLOF MATERIALS  One (1)Caterpillar Natural Gas Fueled Packaged Generator Set Modell DG250-2 with Brushless Generator. 250k, Standby at OSP.F. 208 Volt.31 Phase. 60 Hertz at 1800 RPM. UL 2200. Approved: and1 Labeled: for Packaged Engine-Generator Sets  Incldes the Following Attachments and Accessories: EPA Certified. Stationary) Emergency Formed Steel Base and Vibration Isolators Isochronous! Electronic Goveror Adjustable Voltage) Regulator CAT PMG Generator W,: Anti-Condensation, Heater 105C Templ Rise Altemator Discrete voI Modnle. Programmable Remote E-Stop Gen Run) Relay Common. Alanm/Shurdown Relay Engine) Mounted! Radiator with Blower Fan Jacket Water Heater.. 1.5kW. 120VAC Crankcase Oill Heater Lube Oil and Antifreeze Electric Starting System. 24VoltDC Heavy-Duty! Lead. Acid Batteries Battery Disconnect Switch Battery Trays and Cables 45-Amp Bartery Charging Alternator Enclosmre. 125A1 Load Center Air Filter System withl Replaçeable Element Cat Remote. Access Monitoring Ready Seismic Certifiçation  NFPA 110 Compliant 10-Amp Dual Ratel Battery Charger. 110VAC. Installed Inside Geaset  Cat Sound Attenuated: L2 Wentberproof: Enclostre with Doors and Locks: Iuside of Weatherproof Generator Enclosure.  Critical Gradel Eshaust Silencer with Stainless Steel Flesible Exhaust Fitting - Mounted Generator Control Panel. Cat EMCP4.2B (digital). generator monated. NEMA-1.with the Panel illumination! light group- Engine, Oil. and Coolant Temp. Barery System ammeter: and fuel oil pressure gauge. Running time ineter: AC Ammetes. Volneter, Fregnency Meter. Phase Selector switch: Voltage adjust rheostat. Engine automatic cranking systen with control selector switch and cycle crank. Engine fauit indiçating system withi failure lights for low oil pressive. high water temp. over-speed. orer-crank. and low water lerel. Commmicanens: J19394 pnmay and. Accessory Data Link. Modbus RTLn Duples Customer Communicaton AXNTNCIATORS: 8 One (1)Local. Anmnciator GIRCIIIIREAKERS  GFCIReceptacle following:  Two (2) Molded Case 10096 rated LSICncitE Breaker, SOu Amp. Generator Mounted      € E E  - a 5 a 3 E   8 A 60 E    CERTIFICATE OF NSURANCE  12/28/2023  THIS CERTIFICATE ISI ISSUED. ASA Al MATTER OFI INFORMATION ONLYA AND CONFERS NO RIGHTS UPON" THE CERTIFICATE HOLDER. THIS CERTIFICATE DOESI NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER1 THE COVERAGE AFFORDED BY1 THE POLICIES BELOW. THIS CERTIFICATE OF! INSURANCEI DOES NOT CONSTITUTEA CONTRAÇTI BETWEENT THEI ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE ORF PRODUCER, AND1 THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holderi is an ADDITIONAL INSURED, the policylies) must bes endorsed. IF SUBROGATION ISV WAIVED, subjectt tot thet terms and conditions oft the policy. certain policies may require ane endorsement. Astatement ont this certificate does noto confer rights tot thec certificate! holder in lieus of suche endorsement(s).  THISI IS TO CERTIFY THAT: RECORE, LLC  FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE NAIC:11118 P.O. Box 15147, Lenexa, KSE 66285-5147 (913) 541-0150 fax( (913)541-9004 www. federatedrural. com  P.O. Box 267 Windsor, VA 23487  IS, AT1 THE ISSUE DATE OF THIS CERTIFICATE, INSURED BYT THE COMPANY UNDER THE POUICYIES)LISTED: BELOW. NOTWWITHSTANDING: ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO) WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY1 THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES LIMITS SHOWNI MAY HAVE  BEEN REDUCEDI BY PAID CLAIMS. TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCURRENCE-BASIS COMPREHENSIVE FORM PREMISES/OPERATIONS UND/EXPLOSIONS & COLLAPSE PRODUCTS/COMP OPS CONTRACTUAL BROAD-FORMI PROPERTY DAMAGE NO GENERAL AGGREGATE AUTOMOBILE ANYA AUTO HIRED8 &N NON-OWNED. AUTO GARAGEL LIABILITY (ANY AUTO) UMBRELLA LIABILITY OCCURRENCE-BASIS $10,000 SELF-INSD RETENTION WORKERS COMPENSATION, AND EMPLOYERS LIABILITY ALL-RISK BLANKET PROPERTY  POLICY NUMBER  POLICYDATES 1/1/2024 to 1/1/2025 1/1/2024 to 1/1/2025 1/1/2024 to 1/1/2025 7/1/2023 to 7/1/2024 1/1/2024 to 1/1/2025  LIMITS ($) $5.000  EACH OCCURRENCE $2.000. 000 DAMAGE TOF RENTED PREMISES $2.000.000 MEDEXP (PER PERSON) PERSONAL RADVI INJURY $2,000.000 GENERAL AGGREGATELIMIT UNLIMITED  45ARB001-24  COMBINED: SINGLELIMIT (EACHACCIDENT) $2.000.000 COMP DEDUCTIBLE COLLISIOND DEDUCTIBLE EACH OCCURRENCE. $9,000.000 PRODUCTS-COMP/OP/ AGG $9,000,000 WCLIMTS STATUTORY E.L. EACHA ACCIDENT E.L. DISEASE EACHEMPLOYEE E.L. DISEASE POLICYLIMIT PROPERTYLIMIT $16,660,664 PROPERTY!  45BAP001-24 451 UMB001-24 45WC001-23 45ARB001-24  $100 $500 $500_000 $500.000 $500,000 $500  DESCRIPTION OF OPERATIONS LOCATIONS, VEHICLES A EQUIPMENT/E EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Itis agreed that wherer required by mortgage, lease, or other legala agreement, thei interests ofr mortgagees, lessors, and loss payees arei insured as their interests may: appear as additional insured's and/or loss payees. Blanket Additional Insured and' Waiver of Subrogation arei included under General  Liability and Automobile: Liability insurancei ifrequired by written contract or agreement.  CERTIFICATE HOLDER: RECORE, LLC POBOX267 WINDSOR, VA2 23487  CANCELLATION:  SHOULD/ ANY OF THE/ ABOVE DESCRISEDI POLICIES BE CANCELLEDI BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BEL DELIVEREDIN ACCORDANCE WTH1 THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE  Gulbrgwy  FREIE Certv.8/10    This endorsement changes the policy.  Please  it read carefully  FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE  Blanket Additional Insured & Waiver of Subrogation Endorsement  45ARB 001-24  Community Electric Co-op  Section II, General Liability and Automobile Liability Insurance, Item F. Persons Insured, is amended toi include any person or organization for whom the policyholder is performing operations whent the policyholder and the person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured or insureds to this policy. Such person or organization is an additional insured only with respect to liability caused, in whole ori in part, by the policyholder's acts or omissions, or by the acts or omissions of others acting on the policyholder's behalf, provided: 1. The insurance afforded to such additional insured or insureds only applies to the extent permitted by law; and 2. Ifsuch coverage is required by written contract or agreement, the insurance afforded will not be broader than that required by 3. Ifsuch coverage is required by written contract or agreement, thei insurance afforded shall not exceed the limit ofi insurance required by the contract or agreement, or the applicable Limit of Liability stated in the Declarations, whichever is less. 4. Ifrequired by written contract or agreement, the Company waives any rights of recovery against the additional insureds shown above because of payments made under Section I, General Liability. Such waiver applies only to the extent that the policyholder 5. The following amends General Condition H. Other Insurance, and supersedes any provision tot the contrary: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this (2) Iti is required by written contract or agreement that this insurance would be primary and would not seck contribution from any With respect to the insurance afforded to these additional insureds, no coverage shall apply to Personal Injury or Properly Damage arising out of or caused directly or indirectly by providing or failing to provide any professional service. This exclusion A professional service can mean, but is not limited to Personal Injury or Property Damage arising out of the rendering of, or the a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field  the contract or agreement to be provided to the additional insured or insureds; and  has waived its rights of recovery against such person(s) or organization(s) prior to loss.  policy provided that:  (1) The additional insuredi is al Named Insured under such other insurance; and  other insurance available to the additional insured.  shall not apply to the rendering of emergency first aid or incidental medical service. failure to render, any architectural, engineering or surveying services, including:  orders, change orders or drawings and specifications; or  b. Supervisory, inspection, architectural or engineering activities.  This endorsement shall not, in any event, increase the Limit of Liability stated ini the Declarations.  All other policy provisions apply.  Misc Blanket. Additional Insured (1-21)  Page 1of1  02020 Federated Rural Electric Insurance Exchange  Includes copyrighted material of insurance Services Office, Inc. with. its permission    WILSON AND LYSIAK, INC. U7CROOMETOWNRD. GREENSBORO, NC 27405  WALTER T. WILSON P.E.  TEL:336-275-1338 FAX:336-275-2636  July 1,2024  Russell Spivey Lee County General Services 805 S. Fifth Street Sanford, NC 27330 sPveyPleecounynegor  RE: Lee County Courthouse and Jail - Chiller Replacements  Dear Mr. Spivey:  Wilson & Lysiak Inc.'s proposal to provide contract documents (plans and specifications for public bid) for the replacement of the existing chiller at the Lee County Courthouse This proposal does not include any analysis or design work as it relates to the existing This proposal is based on two (2) 125-ton air cooled York chillers to replace two (2) This proposal is based on emails and phone discussion. This proposal includes Lee County is responsible for providing details for the specifications that the county requires to be included. These documents should be provided to us as a Word  and Jail in Sanford, NC, is a lump sum fee of $38,000. heating and air conditioning systems inside the building. existing units and to be done in two (2) phases.  handling of the public bidding process for the first phase.  document.  As separate proposal for handling the public bidding process and any updates needed based on timing of the second phase will be handled at a later date with a separate This proposal does not include plumbing, electrical, structural, site and civil design  proposal. services.  Payment schedule as follows:  50% when the drawings are ready to submit to Lee County ($19,000)  40% when bids are received ($15,200) 10% when project is complete ($3,800)    The estimated design time frame is approximately 2-3 months from when the signed contract is returned to our office. This schedule is based on timely input from Lee  County personnel on incorporating owner specific requirements.  This proposal is good for 60 days.  The client agrees to limit Wilson & Lysiak's liability arising from professional acts, errors, or omissions in performing this agreement, such that the total aggregate liability of Wilson & Lysiak shall not exceed $50,000 or the value of services rendered,  whichever is greater.  Sincerely,  FEA L  Accepted by:  Hapinitw  Kevin E. Rosensky KR/cb  Date: 15My2024  This) instrument has been preaudited int the manner required by the! Local Govemment Budget and Fisçal Control Act Cundate Boman Finance Officer, Lee County    Exemption from Architectural, Engineering and Surveying Qualfications-Based Selection Process for Fees Lesst than  $50,000  Name of Project: Lee County Courthouse Chiller Replacement  Lee County General Services  Responsible Department: Wilson & Lysiak Inc. Vendor: $38,000 Amount:  N.C.G.S. 143-64.31 requires the initial selection and evaluation of firms to perform architectural, engineering, surveying, construction management-al-sk services and design-build services (collectively "design services") to be based on qualifications and without regard to fee, the qualficationselection process must be announced and good faith efforts must be made to notify minority firms.  AND  N.C.G.S. 143-64.32 authorizes units of local government to exempt contracts for services from the qualifications based selection ("QBS") requirements of G.S. 143-64.31 if the estimated fee is less than $50,000 and the estimated professional fee for services for the above-described project is less than Lee County proposes to enter into a contract for services for work on the above described project. The above described project is hereby made exempt from the provisions of N.C.G.S.143-64.31. On March 16, 2020, the Lee County Board of Commissioners adopted a resolution exempting the government from requiring QBS procedures for eligible projects under G.S. 143-64.31 and authorized the County Manager to approve each project on ac case-by-case basis and by signing below, has approved  $50,000.  such exemption.  figned na FysnessDwwe. Ryan Gfaulé Department Head oaglntothnase Assistant rinanceL Director County Manager Lapinde  06-26-2024 Date 06-27-2024 Date 15Juya0a4 Date    Phone: Fax:  ) )  Shaw RUIGRAEDSOLUTONS Shaw Industries, Inc.  Mail Drop 999 P.O. Box 748552 Atlanta, GA3 30384-8552 Proposal Submitted To Lee County General Services Street 805 S Fifth Street City, State and Zip Sanford, NC 27330 ltem.Description Cominons Ecoworx Tile 5T323 5000 Carpet Tile 4 Gal Rubber Cove Roll Base 6" Cove Tube Adhesive 6"Rubber Coving with Toe install Carpet Tile Installation Carpet Removal Carpet Disposal  Attention Ryan Faulk  Phone (919)708-8724 Job Name McSwain Center. Auditorium Job Street 2420 Tramway Rd Sanford, NC: 27332--917  Fax ()  Date 06/27/24 Job# 174645 Proposal ID 197363 None  Architect Date of Plans Add# # Job City, State and Zip  Customer Job# Customer POI Unit Price ExtendeciPrice $23.04 $110.07 $124,93 $81.67 $2.43 $7.98 $9,90 $1.33 $60.50 $38.50 $60.50 $3.91 $1,873.27 $793,43  State ofNC  None  We hereby submit specifications and estimates for:  Color TBS/To Be Selected TBS/TO Be Selected  Qty UOM 442.66 SY 6.00 4Gal 5.00 Carton 1.00 Carton 500.00 LF 442.66 SY 442.66 SY 442.66 SY 56.00 Hour 6.00 Each 75.00 Hour 36.00 LF 1.00 Each 1.00 Each  $10,198.89 $660,42 $624.65 $81.67 $1,215.00 $3,062.43 $4,382.33 $538.74 $3,388.00 $231.00 $4,537.50 $140.76 $1,873.27 $793.43  Furniture Removal and Replacement Floor Patch (Portland Base) material: and labor Major Floor Preparation- labor only Thansition Strips and Labor Project Management Fos (initiating, planning, sxecuting, controlling, and ciosing the project) incuding, but not limited to take off/measuring, trip fees, receiving and overall management. Reimbursement oft taxes imposed on the contractor. The contract price does noti include any contingency for such' tax, Proposal Inclusions and Exclusions: idorth Carolina Contract #3 360-A 2.L Local Contact: Mari Howard  Base Bid' Total: $32,248.09  3 Price includes work as specifically statedi int the above description for the quantities stated. Any circumstances that require additional 4. Price is based on a consecutive installation period without delays andi is based on the customer allowing installation crews access to work a minimum of8 consecutive hours a day until completion. Delays other than' "acts of God" will result in charges for down-time. 5. Proposal does not include removal of any materials containing asbestos. 6. Extensive floor prepi is not included in the price but may be necassary due to unforeseen conditions of the sub-floor. This work may include, buti isi not limited to, leveling or grinding, encapsulaticn or sealing, or extensive scraping oft the sub-floor. Should extensive floor prep be required, you willr receive a change order for ths necessary work. 7.E Exclusions: attic stock, major fioor prep, fumiture moving/ift uniess specifiod inp proposal, disconnecting and moving of computers and electronic equipment, vec" uming and prolection oif finished products, any plumbing work (removal of commodes, etc), electrical work, mill work, moisture mitigation, packing andi moving of personal items and or packing boxes, 8.A Allp pricing is based on work being completed during norma! working! hours. 9. Material tte and risk of! loss passes tot the purchaser al the time of: material delivery to owner provided address 10. Please emaily your Purchase Order to Rosio H. Yates at osphrmmencmaanauine com toi initiate the order process. Ap purchase  laborv will be handledt through the change order process.  order is required before materials can be shipped.    Phone:  Fax:  Shaw ETEGPAIDSOIINOS Shaw Industries, Inc.  )-  Mail Drop 999 P.O. Box748552 Atlanta, GA 30384-8552 Proposal ID: 197363 Proposal inclusions and Exclusions: 12, ******Ourr remit-to address has changed." .****** SHAW INTEGRATED SOLUTIONS POI Box 748552 Atlanta, GA3 30384-8552  11. A2.5% fee will be assessed on the total bid amount att time ofp payment if utilizing a credit card.  We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of:  Signature: Rosio Hernandez Yates Conditions of Proposal: freighta andf fuel costs.  Rosio Hernandez Yates Email: rosio.hernandez@shawinc.com  $32,248.09  1.1 This Proposal may! bev withdrawn, ifnota accepted, within 30 days ofi itsi issuance. Shaw Industries Group, Inc, will consider reasonable requests to engage inr negotiations forr revisions tot this Proposal. including signing as subcontract thati includes the terms oft this Proposal. Ap proposal nota accepted within 300 days will bes subjectt to price escalation ofr materials, labor, 2. This proposali is subjectt toc creditr review and approval. Payment terms arer net 30 days. Ac convenience fee of2.5%v willl be addedi ifp paying via credit card. Past duei invoices are subject to service charges of1.5% per month (18% per annum). Int the case of any default, Customer: shall pay Shaw Industries Group, Inc.'s reasonable: attorneyf fees and costs, 3. Allv work shall be performedi inay workmanlike manner according toi industrys standards.. Areas to receive flooring shall bet free and clear of debris. Any changest to thev work shali be 4. Prior to commencement of Shaw Industries Group, Inc.'s work: (a) Customer: shall test allo concretes subf floors receivingf flooringf for vapore emission leveis anda alkalinity per manufacturers" recommendations utilizing ASTMI F2170 and provide written results to Shaw Industries Group, Inc., includinga al listo ofa any sealers applied to the concrete sub floor; (b) ifCustomer does notp provides such reports atk least 100 days prior toc commencement of Shaw! Industries Group, Inc's work, then Customer shall provide Shawi industries Group, lnc. with access tos all concrete subf floors fora appropriate testinga and Customer shalll ber responsible fort the costs ofs such testing: and (c)Any concrete subf floors notr meeting ABV worki is contingent upon strikes, accidents or delays beyond Shawl Industries Group, Inc.'s control. Customer shall carry insurancet fora allh hazards, including fire. Shaw Industries 6. Customer represenis andy warrants that: (a)t the projects site contains not hazardous or other dangerous substances, eithere exposed or concealed; or (b) Customer has given writlen notice to Shawl Industries Group, Inc. ofa alls suchs substances: andt their location(s). Tot thet fullest extent permitted by! law, Customer shalli indemnify, defend and' hold Shaw! Industries Group, inc. harmless from any damage, claim. loss, expense and attorney fees related to Shawl Industries Group, Inc.'s! liability, ifay,i includinga any federald or state statute relatedto : Shaw Industries Group. Inc. isf fully licensed, bonded, and! insured. This proposal does noti include participation in any OCIP/CCIP orr related programs. Requests for Shaw Industries  includingt those ona any appeal, eveni ifnos suito or actionis filed. performed only aftere execution ofav written change order.  manufacturers' requiremanis fori installation will require correction ort thee execution ofa separate waiver agreement. Group. Inc's workers aref fully covered by Worker's Compensation: and! Liability! Insurance.  hazardous or other dangerous substances.  Group. Inc. top participata in such programs may resulti in additional costs.  51  This Instrument has been preaudited! Ini the manner requlred! by the Local Govemment Budget and FisceN Control Act CanduG Bmen Finance Officer, Lee County  ACCEPTANCE OF PROPOSAL: The above prices, preleatenyelsanaongersalahaoy. and are herebyACCEPTED.  You are. authorized: to do the work as. specified. Customer: Lee County General Services  Signed:  Dat/SVay20ay  Hoibna    Upgrade EBI R430 to R610  Honeywell Honeywell International 140 Southcenter Court Suite 300 Morrisville, NC 27560  Quote Date: 11-Jan-24 Quote Number: 12830345 HoneyvallProlessionat: Alan Sutton  919-319-5335 Aansulonghonepwelicon Site: Lee County Courthouse 1408 SI Horner Blvd Sanford, NC: 27331  Customer: County of Lee Public Works  805 S5 5th St Sanford, NC27330  Contact: Russell Spivey Phone: (919)353-2088 Emai!: pve/glecounynego.  OVERVIEW OF SCOPE  Honeywell to: provide a new towers server and monitor for the purposes of upgrading thei front-end EBI software from version R432to! RG10. Based: on  the leçacys controh. 6101 ist the highest rev we can accommodate. Aock.- rxistr.gs database. 56: up and gusss Foa Serveri in Honeywell lab. Updata graphics 947 nesded. Provise onsn oporsting vaining  Schodule end deploy to site for installation and configuration with local IT.  Compiita pownts sor pointt testing and checkout to confirm database and graphics are correct and functional,  INCLUSIONS EXCLUSIONS:  INCLUSIONS  Quotation: assumes custemer provides full access to all areas required to complete work. This quote is subject tol Honeywell's standard terms and conditions. Work tol be carried out during normai working hours. Payment terms greater than: 30 days may resulti inj project delay unless previously approved.  Work schedule and costing are based on ant uninterrupted work period. As such, any outside delays may resulti in additional cosis being levied.  EXCLUSIONS  Quotation assumes fault-free system at commencement ofv work- fault rectification NOTI included int this  PRICE $33,698.99 Contingency +2,000.00 $35,698.99  QUOTE SUBTOTAL:  THIS QUOTATION is valid for 30 days. Sales Taxi is noti included int the price ard willl bec charged ata actuals. Use tax, if applicable, willl bei invoiced separauely    PILLINGTERMS 1 STONEI DESERIPTION Full value (100%) billed at receipt of customer purchase order  MILESTONE NUMBER Milestone 1  MILESTONE PERCENTAGE  100  Terms and Conditions  This offeri is subject to Honeywell Terms & Conditions, copy avallable upon request. This quotation is valid for a period of 30 days from the date ofi issue. To accept this proposal, simply sign the document: and return together with and official purchase order tot the email address noted above. By accepting this quotation, the Customer Responsible Personi is aware ofa and agrees with the proposed system modification(s). Honeywell reserves ther right, ini its discretion, to increase the priçe(s): setf forth int this Proposal in the event that tariffs (or similar governmental charges) imposed by the United States ord other countries result in any increase in the costs that Honeywell used to determine such price(s). Iconfirm acceptance oft this quotation ina accordance witht the aforementioned Terms & Conditions. lagree that anyt terms and conditions referericed in  We reserve the right to apply for partial payment ata anyt time during contract performance.  the official purchase order shall be considered null and void.  Klkht  Honeywell Professional Prepared by  Customer. Acceptance  Name:  fmD SmH  Tile: Cna..mmhyBurd: Dommmnes  Date: 1115124  ppN  Signature: fmD.Onlu  Purchase Order: #:.  This instrument has been preauditedi int the manner required by the! Local Governmnent Budget and Fisçai Control Act Canda kuman Finance Offcer, Loe County  Page 2of2  Qucte Number: 12830345, MASTER Upgrade EBI R430 to R610    Exhibit G- Sole Source Justification Form  SOLE SOURCE JUSTIFICATION FORM (for lems costing $5,000.00 or more)  Honeywell International  Vendor: liem:  HVAC SOFTWAREUPGRADE FOR THE COURTHOUSE, ANDLCGC  35,698.99  Eslimated expenditure for the above item:  INITIAL ALL ENTR'ES BELOW THATAPPLYTOTHE PROPOSED URCHASEATACIAMEMO  CONTANING JUSTIFICATION AND: SUPPORT DOCUMENTATION.  1. - Sole source is tort the onginaimanufaclurer or provider. There are no area distributcrs, 2. - The porls/equpment are not nterchangedbic with similar parts o! anoiher  monufocturer.  3. 4. 5.  This is tho only known item or service thal wil meet the specialized noèds oi this The parts/equpment are required from this sourcc to permit standardization. None of the above apply. A delailed explanation andj justitication for this sole source  deparment or pertorm the intendod function.  Incontained in the attachedi memo.  The undersigned requests that competilive prccurement be waived and that the vendor identified as the supplier of the material or service described in this sole source justification be  authorized as asole: source for the material or service.  Ryau Gfaulké Kay Department  County Manager mDond  to ($5,000upt $30,000)  Board of Commissioners ($30,000andup)  07-01-2024 Date  Lee County Purchasing and Contracting Poicy  Page 58  Revised March 6, 2020    Otis Service and Repair Order  VAApPRiNss 6/28/2024 CUSTOMER NAME Lee County General Services 115 Chatham St. Sanford, NC 27330-4387 PROJECTLOCATION 115 CHATHAMST SANFORD, NC 27330-4387  OTIS ELEVATOR COMPANY 7517 Precision Drive Suite 101 Raleigh, NC 27617 PROPOSAL NUMBER  OTIS CONTACT Andrew Babkiewicz Phone: (704)724-4878 Email: andrew.babkiewicz@otis.com  LEE COUNTY GOVERNMENT BUG QTE-001947669  We propose to furnish the necessary material and labor on the following units:  T  Unit 481221 SCOPE OF WORK  Customer Designation ONLY ELV  OTIS GLIDETM A DOOR OPERATOR  Ar new OTIS GLIDETM A door operator willl bei installed.  : 5y   The doors on the car and at the hoistway entrances will be power-operoted by means of an OTS GLIDETM A door operator mounted on top of the car or attached to the car header. The OTIS GUDEM A door operator utilizes a closed loop: system and direct drive belt technology designed loy provide consistent door performance despite changes in temperature or wind, and despite the presence of minor debris in the door track. Using a high-resolution encoder, the system monitors position data and adjusts performance to match operation parameters. The OTIS GLIDETM A door operator also has a self-learn feature that enables The OTIS GLIDEM Adoor operator uses energy-efficient permanent magnet. AC motors that eliminates.the carbon-dust presept in traditional door operator systems that use DC induction motors. In addition. ubrication is not required for the OTIS GLIDETM A door operator's sealed bearings, making the unit cleaner Door operation shall be automaiic at each landing, with door opening initiated as the car arrives at the landing. The doors will be arranged to remain open for an adjustable time period sufficient to meet ADA requiremenis. Door close will be arranged to start after a minima! time, consistent with building and. ADA requirements. An electric car door contact will prevent the elevator from operaling unless the car door is  the system to more efficiently be tuned.  for your building and the environment.  inf the closed position. OTIS HYDROENHANCEN UPGRADE  Page 1 of5    Otis will supply and install our HydroEnhance" upgrade to replace your current A T  existing obsolete 211 control board. This upgrade will assist ini improving reliability and extending the system life of your elevator.  C  1 PRR 3 au  The upgrade kit includes:  Engineered Adapter & Mounting Kit Olis HydrcEnhance"w Processor Board Unit-Specific Software Engineering  0000000 D   This processor upgrade enables real time monitoring when combined with Otis OneTM.  Material provided shall be installed in accordance with the ASME A17.1 Safety Code for Elevators and  Escalators.  The customer will be responsible for paying local inspection fees if applicable.  Your account representative will contact you to schedule the work. All work will be performed during regular working days and hours of the Elevator Trade unless otherwise specified above. The price quoted below does not include sales tax and is valid for 30 days from the date specified above. The work will be scheduled based on the availability of material and manpower to complete the job efficiently. The scope proposed herein represents the entire scope that we are contracted for, if additional work is required by others to aliow for completion of this work and/or for the inspection to occur, that work is not included. If additional labor and material are needed, a supplemental proposal will be: sent.  €  9  -  Page 2 of5    PRICE $44,595.04  Forty-four thousand five hundred ninety-five and 04/100 dollars  This price is based on a one hundred percent (100%) downpayment in the amount of $44,595.04. The downpayment amount is due ini full prior to Otis ordering material and/or mobilizing. Ifyou choose the alternative downpayment amount listed below, the corresponding adjustment shail  PAYMENT TERMS:  be applied to the base contractamount, Downpayment Percent 25% 75%  Price Adjustment Percentage  Authorization (Initial)  +10% +5%  In the event 100% of the contract price is not paid up front, we must be paid the remaining balance no later than the completion of work. Finalinvoice willl be submitted once work is scheduled. This proposal, including the provisions printed on the pages following, shall be a binding contract between you, or the party identified below for whom you are authorized to contract (collectively referred to herein as"you"), and US when accepted by you through execution of this proposal by you and approved by our authorized representative: or by your authorizing US to perform work for the project and our commencing  such work. Acceptedi in Duplicate Lee County General Services Date: 11514 Signed:  E € E €  Oli Elevater compery  Date: Signed:  Mm0Omilu  Print Name: fikk D.JM  Print Name: Lee Morse  Title: ehn.PwlEALOANt Title: Director & GM, North Carolina  Email: KImihQLPANTtgnL.gp4 Company Name: Lee County General Services a Principal, Owner or Authorized Representative of  Email:  Principal or Owner Agent (Name of Principal or Owner)  This mstrument has been preaudited In tho manner required by the Local Government Budget and Fiscal Control Act findate Bumar Finance Officer, Lee County  Page 3 of5    TERMS AND CONDITIONS  1. This quotation is subject to change or withdrawal by US prior to acceptance by you.  2. The works shall bep pertormed for the agreed price plus any applicable sales, excise ors similar taxes as required! by! law. In addition to the agreed price. you: shall pay to US any future applicable tax imposed on us, our suppliers or youi in connection with the 3. Payments shall be made as follows: A down payment of One Hundred percent (100.0%) of the price shall be paid by) you upon your signing of this document. Full payment shall be made on completion if the worki is completed within at thirly days period. If the work is not completed within a thirty day period, monthly progress payments shall be made based on the valve of any equipment ready or delivered. We reserve the right to discontinue our work at anyt time until payments shall have been made as agreed andy wel have assurance: satisfaciory to us that subsequent payments willl be made when due. Payments not received within thirty (30) days oft the date ofinvoice shalll be subject toi interest accrued at the rate ofe eighteen percent (18%) per annum or at the maximum rate allowed by applicable law, whichever is less. We shall also be entitled to reimbursement from your of Our performancet is conditioned upon) yours securing any required governmental approvais for the installation of any equipment provided hereunder and your providing our workmen with as safe placei in which to work. Additionally, you agree to notify usif you are aware or become aware prior tot the completion of the work of the existence of asbestos or other hazardous material inany elevator) hoistway, machine room, hallway or other place int the building where Otis personnel are or may ber requiredt to perform their work, In fhe event its should become necessary to abate, encapsulate or remove asbestos or other hazardous materiois from the building, you agree tol be responsible for such abatement, encapsulation or removal, andi ins such event Otis shail be entitled to delay its work until it is determined to our satisfaction that no hazard exists and compensation for delays encountered if such delay is more than sixty (60) days. In any event, wer reserve the right to discontinue our work int the building Unless otherwise agreed in writing, iti is understood that the work shall be performed during our regular working hour of our regular working days. If overtime work is mutually agreed vpon and performed, an additional charge therefore, at our usuai rates for such work, shall be added to the contract price. The performance of our work hereunder is conditioned on your performing the preparatory work and supplying the necessary data: specified on the front of this proposal or in the aitoched specification. if any. Should we be required to make an unscheduled return to your site to begin or complete the work due to yourr request. acts or omissions, then: suchreturn visits shall be subject to additional charges at our then current labor rcles: 6. Title to any material to be furnished hereunder shall pass to you when final payment for such material is received. Ins addition, wa shall retain a security interest in all materia! furished hereunder and not paid for in full. You agree that a copy of this Agreement may be used as ai financing statement for the purpose of placing upon public record our interest in any material furnished hereunder, and you agree to execute a UCC -1 form or any other document reasonably requested by Us for that 7. Except insoiar as your equipment may be covered by an Otis maintenance or service contract,t is agreed that we will oe no examination of your equipment other than that necessary to do the work described in this contract and assume Pe responsibility for any part of your equipment. except that upon whichy work has been done under this contract.. 8. Otis shall not bel liable for any loss, damage or delay due to any cause beyond our reasonoble controll including, butl hot Emilec: to, acts of government, strikes, lockouts. other labor disputes. fire. explosion, theft, floods. water damage. weather demoga extreme weather, traffic conditions. epidemic. pandemic, quarantine (including Covid-19). saborage, cyber security, natiorcl emergency, act of terrorism, earthquake. riot, civil commotion. war ori insurrection, vandalism, misuse, abuse, mischief, or acts 9. We warrant that alls services furnished will be! performedi in a workmanlike manner. We also warant that any equipment prévicled hereunder shall be free from defects in workmanship and material. Our sole responsibility under this warranty sholl ba d our option to correct any defective services and to either repair or replace any component of the equipment foundt to! be deteciive. in workmanship or material provided that written notice of such defects shall have been given to Us by you within ninely (90) days after completion of the work or suchl longer period as may be indicated on the front oft this form. All defective parts thot are removed and replaced by Us shall become our property. We do not agree under this warranty to bear the cost ofr repairs orn replacements due tov vandalism. abuse, misuse, neglect, normal wear and tear, modifications not performed! by US, 'mproper or insufficient maintenance by others, or any causes beyond our control. We shall conduct. at our own expense, the enfire defense of any claim, suit or action alleging that, without further combination. the use by you of any equipment provided hereunder directly infringes any patent, but only ont the conditions that (a)) we receive prompt written notice of such claim, suit or action and full opportunity and authority to assume the sole defense thereof, including settlement and appeals, and a!! information available to you for such defense: (b) scid equipment is made according to a specification or design furnished by Us; and (c) the claim, suit or actioni is brought against you. Provided all of the foregoing conditions have been met, we shall. at our own expense, eithers settle said claim, suit or action or shall pay all damages excluding consequential damages cnd costs awarded by the court therein and, if the use or resale of such equipment is finally enjoined, we shail. at our option, ( procure for you the right to use the equipment, () replace the equipment with equivalent noninfringing equipment. () modify ihe squipment: soi ib becomes noninfringing bute equivolent, or (iv) remove the equipment and refund the purchase price (ifanv) less THE EXPRESS WARRANTIES SET FORTH HEREIN. ARE THE EXCLUSIVE WARRANTIES GIVEN: WE MAKE NO OTHER WARRANTIES EXPRESS ORI IMPLIED, AND: SPECIFICALLY! MAKE NO WARRANTY OF MERCHANTABLTY OR OF FITNESS FOR. ANY PARTICULAR PURPOSE; AND THE EXPRESS WARRANTIES SEY TORTH IN THIS ARTICLE ARE N LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR 10. Under no circurslunces shail either party bei ible for special, indireci, liquidated. or consequenial damages in contract, torl. including negligence, warranty or otherwise. noiwithstanding any indemnity provision to the contrary. Notwithstanding any provision in any contract document to the contrary. our accepiance is conditioned on being allowed additional time for the performance of the Work due to celays beyond our reasonable control. Your remedies set forth herein are exclusive and our liability with respect to any contract, or anything donei in connection therewith such as performance or breach thereof, or from  performance of the work described.  the expenses, including attorney'sfees. incurred in collecting any overdue payments.  whenever in our opinion this provision is being violated.  purpose.  -  of God or nature.  areasonable clowance: for use, damage and obsolescence.  LIABILITY ON OUR PART.  Page 4 of5    the manufacture, sale, delivery, installation, repair or use of anye equipment furnished under this contract, whether in contract, in tort (inciuding negligence). in warranly or otherwise, shall not exceed the pricef for the equipment or services rendered. 11. To the fullest extent permitted byl law. you agree to defend, indemnify, and hold Otis hormless against any claim or suit for personal injury or property damage alleged to arise out of this contract, except to the extent that such damage or injury has been adjudicated as having been caused by Otis' sole negligence. In the event that Olis is requested to provide hoistway cartop/pil access to you, and/or to third parlies acling ai your request, direction, or control, and which may be subject to additional charges at Olis' sole discretion. then in addition tot the foregoing defense, indemnity and hold harmless obligations. youshall carry and maintain the followingi insurance throughout the duration ofs such worki int the! holslwoy/corlop/prn. areas, and wil furnish to Otis a certificate of insurance evidencing the following: Commercial General Liability insurance, written on an occurrence basis, with limits on a per occurrence basis of at least $2,000,000 for personal injury or death, and $2,000,000 for property aamage, naming Otis as additional insured. Such insurance shall bei issued by ani insurer authorized to do business in the state or province where the property is located and the equipment and/or services are to be rendered. shall contain a clause in the policy setting forth the insurer's acceptance of liability as set forth in this agreement, and a clause pursuant to which the insurer waives any right of subrogation as to Otis. This policy shall be written as a primary policy only. and not contributing to ori in excess of anyi insurance carried by Otis. You shall provide Otis with at least thirty (30) days prior written 12. Itis agreed that after completion of our work, you shall be responsible for ensuring that the operation of any equipment being fumished hereunder is periodically inspected. The intervai between such inspections shall not be longer than what may be employer") and its customer (an "on-site employer" must inform each other of their respective lock out/tag oui ("LOTO") procedures) whenever outsides servicing personnel are tok bes engageding control oft hazardous energy activities onthe customer's site, Otis incorporates byr reference its mechanicall LOTO procedures and its electricall LOTO procedures. These procedures can be obtained at www.otis.com by clicking on "Tools & Resources" on the home page. selecting "Lockout Tagout Policy" under the "Safety information" column and downloading the "Lockout Tagout Policy Otis 6.0" and Mechanical Energy Policy Otis 7.0," or the then most current version, both of which are in. pdf format. You agree that you will disseminate these procedures throughout your organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are working on site at your facility and will ensure that such personnel comply with these! LOTO procedures while Otis personnel are modified by any terms on your order form or any other document and supersedes any prior written or orcl communication relating to the: same subject. Any amendment or modifications to this Agreement: shall not bel binding upon either party unless 15. This Contract willl be deemed voidable, even after execution, ifitis determined by Otis that performance of engagement in the contractuall relallonshp/tonsoction will violate. ori is otherwise restricted by, cay and oll laws. regu siations and/or orders, including sanctions laws. that are applicable to Otis or otherwise apply to Otis' operaitions. 16. By accepting delivery of parts incorporating sofiware, you agree that the transaction is not a sale ofs such sofiwore bul merk al license to use such software solely for operating the unit(s) for which the part was provided. not to copy or le! o:has cop: suchsoffware for any purpose whatsoever, tok keeps suchs soffware in confidence as at trade secret, andr not toi tronsfer possession, ofs such part to others except as a part of at transfer of ownership of the equipment in which: such parti is installed, provided thot youi inform usi iny writing about such ownershipi transfer and the transferee agrees in writing to abide by the above license terms  notice of cancellation orr material change in the coverage. required by the applicable governing safety code.  that service  "outside  13. Infurtherance of OSHA's directive containedi in 29 C.F.R. 1910.147/012)0. which requires a  provider (an  working on site.  between  hereof and not be may the services  14. This Agreement constitutes the entire understanding  the parties regarding the subject matter  -  agreed toi in writing by an authorized representative of each party.  and/er  prior to any such transfer.  Page 5of5    Exhibit G Sole Source Justification Form  He  SOLE SOURCE. JUSTIFICATION FORM (for Items costing $5,000.00 or more)  Otis Elevator Company  Vendor: lem:  ELEVATOR INSTALLATION OF HYDROENHANCE) BOARDI UPGRADE ATE BUGGY FACTORY  Estimated expenditure for the above item: 44,595.04 CONTAINING JUSTIFICATION AND. SUPPORT DOCUMENTATION.  INITIAL ALL ENTRIES BELOW THAT APPLYTO THE PROPOSED PURCHASEATTACHAMEMO  1. 1s Sole source is tor the original manufacturer or provider. There are no grea distributors.  2. 3. 4. 5.  The parts/equipment are not wrerchangeabic with similar parts of onother This is the only known item or service Ihal will meet the specialized needs of this The parts/equipment are required from this sourcc to permit standardzation. None of the above apply. A detailed explanation andj justitication for this sole source  monufaclurer.  department or perform the intendod function.  ino contained in the aftached memo.  The undersigned requests that competilive procurement be waived and that the vendor identified as the supplier of the material or service described in this sole source justification be  authorized as asole source for the material or service.  Ryan Gfaullé Kya as Department  MaDoni Cbunty Manager $5,00upt0.s3000) Board of Commissioners $30,000andup)  07-01-2024 Date  Lee County Purchasing and Contracting Poicy  Page 58  Revised March 6. 20?0    Exemption from Architectural, Engineering and Surveying Qualfications-Based Selection Process for Fees Less than  $50,000  Waterproofing for Courthouse/jail  Name of Project: Responsible Department: Vendor: REIEngineers $47,500.00 Amount:  Lee County GeneralServices  N.C.G.S. 143-64.31 requires the initial selection and evaluation of firms to perform architectural, engineering, surveying, construction management-al-nsk services and design-build services (collectively "design services") to be based on qualifications and without regard to fee, the qualifiçation selection process must be announced and good faith efforts must be made to notify minority firms.  AND  N.C.G.S. 143-64.32 authorizes units of local government to exempt contracts for services from the qualifications based selection ("QBS") requirements of G.S. 143-64.31 if the estimated fee is less than $50,000 and the estimated professional fee for services for the above-described project is less than Lee County proposes to enter into a contract for services for work on the above described project. The above described project is hereby made exempt from the provisions of N.C.G.S.1 143-64.31. On March 16, 2020, the Lee County Board of Commissioners adopted a resolution exempting the government from requiring QBS procedures for eligible projects under G.S. 143-64.31 and authorized the County Manager to approve each popctonacasebycase basis and! by signing below, has approved 1  $50,00).  such exemption. Ryan Gfaulé Department Head u staht Hahcebi MmpOmin County Manager  07-08-2024 Date 7/8/24 Date 15Juydoa4 Date    tyler technologies  Renewal Addendum  This Renewal Addendum ("Addendum") is made by and between Tyler Technologies, Inc. with offices at One Tyler Way, Moraine, OH 45439 ("Tyler" or "Contractor") and Lee County, North Carolina with offices at 106 Hillcrest Drive, Sanford, NC27330 ("Client" or "Lee County" or "County"). WHEREAS, Tyler and Client are parties to an agreement signed September 16, 2013 and with a term  beginning September 1, 2013 ("Agreement';and  WHEREAS, the Term of the Agreement expires October 31, 2024 ("Expiration Date"); THEREFORE, in consideration of the mutual covenants contained herein, Tyler and the Client agree as 1. Saas Term. The term of the Agreement is hereby renewed for one (1) year, commencing on November 1, 2024 (for they purposes of this Addendum, the "Renewal Term"). After the completion oft the Renewal Term, the Agreement may renew for additional one year periods. Tyler will notify the Client of any changes to renewal fees for Saas Services at least sixty (60) days prior to the expiration of the Renewal Term, The Client shall notify Tyler at least thirty (30) days priort to the expiration of the Renewal Term: should the Client choose not to renew the agreement for the 2025-2026 period. 2. Saas Fees. Tyler will invoice the Client for the annual Saas Fees set forth in Exhibit 11 tot this Addendum in quarterly installments on or about October 1, 2024, January: 1, 2025, April 1, 2025, 3. This Addendum shall be governed by and construed in accordance with the terms and conditions 4. All other terms and conditions of the Agreement shall remain in full force and effect.  follows.  and. July 1, 2025. of the Agreement.  INWITNESS WHEREOF, the parties hereto have executed this Addendum as oft the date set forth below  ("Addendum Effective Date"). Tyler Technologies, Inc.  Lee Countyw, North Carolina AmDontir Name: KIRK D. SMITH Title: COMMASSIOP CHAIOMAN Date: 15 Juiy a0a4  By: Name: Title: Date:  By:  Thisi instrument has been preaudited! Int the manner required byt the Local Government Budget and Fiscal Control Act Crdaucinan Finance Officer, Lee County  3    Exhibit 1  tyler technologies  Exhibit 1  Addendum Investment Summary  The Addendum Investment Summary to bei inserted prior to execution.  REMAINDER OF PAGE INTENTIONALLY LEFT BLANK  2  4    s    6    CONTRACT. ADDENDUM FOR CONTRACTS WITH ANY DEPARTMENT OF LEE COUNTYGOVERMMENT  CONTRACTOR: COUNTY DEPARTMENT: SUBJECT OF CONTRACT: DATE/TERM OF CONTRACT:  Notwithstanding any provision contained in the above referenced Contract or Agreement which may be to the Non-appropriation clause. Contractor acknowledges that Lee County is a governmental entity, and the contract validity is based upon the availability of public funding under the authority ofi its statutory mandate. Int the event that publici funds are unavailable and not appropriated for the performance of Lee County's obligations under this contract, then this contract shall automatically expire without penalty to Lee County thirty (30) days after written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Lee County shall not activate this non-appropriation provision fori its convenience or to circumvent the requirements oft this contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. In the event of a change in the Lee County's statutory authority, mandate and mandated functions, by state and federal legislative or regulatory action, which adversely affects Lee County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to Lee County upon written notice to Contractor of such limitation or change in Lee County'sl legal Dispute Resolution/Jurisdiction/Venue. Any dispute arising under this Agreement may be settled by mediation int the State of North Carolina in accord with such procedures as may be available to units of local government under state law. No other dispute resolution procedures shall apply. Jurisdiction for any legal proceedings concerning this contract or agreement shall bei in the state courts in the State of North Carolina. Venue for such No pledge of taxing authority. No deficiency. judgment may be rendered against Lee County or any agency of Lee County in any action for breach of a contractual obligation under this contract. The taxing power of the Lee County is not pledged directly or indirectly to secure any monies due under this contract. Conflict of Interest: Ift this is a contract for design, engineering, contract administration or similar services, the Contractor will not enter into contracts or agreements with third parties that may present a potential for conflict ofi interest between Lee County and the third parties regarding the subject matter oft this Contract or Agreement. Compliance with E-Verify requirements: The Contractor and any of its subcontractors must comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, if applicable, which requires certain employers to verify the work authorization of each newly hired employee through the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies.  contrary, the following provisions are incorporated and shall apply, supplant and control:  authority.  proceedings shall be Lee County.  Revised 4-9-2024  7    Divestment from companies that boycott Israel: Contractor certifies that (a)iti isr noti identified on the Israel Boycott List or any other list created by the NC State Treasurer pursuant to N.C.G.S. 147-86.80 et al and (b) it will not take any action causing it to appear on any such list during the term of the contract agreement. Iran Divestment Act Certification. The Contractor certifies that the Contractor is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58 (the Final Divestment List) and the Contractor will not utilize any subcontractors performing work under this Contract which is listed on the Final Divestment List. The Final Divestment List can be found on the State Treasurer's website at the address and Non-Discrimination in Employment. The Contractor will not discriminate again any employee or applicant for employment because of age, sex, race, creed, national origin or disability. Int the event Contractor is determined by the final order of an appropriate agency or court to bei in violation of this provision or any non-discrimination provision of federal, state or local law, this Contract may be suspended or terminated, in whole or in part by the County. In addition, the Contractor may be declared ineligible for further contracts with the County. Indemnification: The Contractor agrees, to the fullest extent permitted by law, toi indemnify and hold harmless the County, its officers, directors and employees (collective, County) against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor's negligent performance of services under this Agreement and that of its subcontractors or anyone for whom the Contractor Drug-Free Workplace. During the performance of this agreement, the Contractor agrees to (i) provide a drug-free workplace for its employees; (i) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees of the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled: substance or marijuana is prohibited in its workplace and specifying the actions that will be taken against employees for violations of such prohibitions, (ii) state in all solicitations or advertisements for employees placed by or oni its behalf that it maintains a drug-free workplace; (iv)i include the provisions oft thei foregoing clauses ine every subcontract or purchase order of over $10,000.00 so that the Gov Ops. Contractor acknowledges that by contracting with Lee County and receiving public funds, they may be subject to potential examination, evaluation and investigation, including access to buildings and documents and compelled testimony, by the. Joint Legislative Commission on Governmental Operations under Section 27.10(b) of North Carolina S.L. 2023-134. Contractor acknowledges that Lee County has no control over the Commission and  should be updated every 180 days.  isl legally liable.  provisions will be binding upon each subcontractor or vendor.  its activities.  Fori the CONTRACTOR:  Title:  For LEE COUNTY: MmD.Snttu  Title: COMMISSION CHAIDMAN  Revised 4-9-2024  8    la200  tyler 7153  Articles of Agreement  for  iasWorld Software as a Service  for  Lee County, North Carolina  August 2013  Tyler Technologies, Inc. 4100 Miller-Valentine Ct Moraine, OH 45439 www.lylertech.com  Phone: 800.800.2581 Fax: 866.658.4258  9    Articles of Agreement -Software as a Service Agreement  Lee County, North Carolina  TABLE OF CONTENTS  PAGE  ARTICLE1. ARTICLE2. ARTICLE3. ARTICLE4. ARTICLE5. ARTICLE6 ARTICLE7. ARTICLE8. ARTICLE9. ARTICLE10. ARTICLE11. ARTICLE12. ARTICLE13. ARTICLE14. ARTICLE1 15. ARTICLE: 16. ARTICLE17. ARTICLE: 18. ARTICLE 19. ARTICLE20. ARTICLE21. Witness/Signature Page..  SCOPE TERM.. TERMINATION  COMPANY'S COMPENSATION, AND PAYMENT. PATENT AND COPYRIGHT INDEMNIFICATION. LIMITATION OF ACTIONS AND LIABILITY.  NOTICE., GOVERNING LAW INDEMNIFICATION. INSURANCE. SUBCONTRACTORS. ASSIGNMENT.  CONSENTTO JURISDICTION, VENUE AND! SERVICE.  NON-DISCAIMIMATION PROCEDURES. AUTHORITYTO EXECUTE. SEVERABILITY. NO WAIVER.. NON-SOLICITATION. ENTIRE AGREEMENT. FORCE MAJEURE. EXHIBITS AND ATTACHMENTS.  July2013  Tyler Technologies, Inc.  Pagei  10    Articles of Agreement- -Software: as a Service. Agreement  Lee County, North Carolina  AGREEMENT FOR IASWORD ONLINE SOFTWARE ASASERVICE BETWEEN TYLER TECHNOLOGIES, INC. AND LEE COUNTY, NORTH CAROLINA  THIS AGREEMENT, effective the last date that it is signed by all of the parties hereto, is made by and between Lee County, a political subdivision of the State of North Carolina, hereinafter referred to as the  "County,"  AND  Tyler Technologies Inc., a company formed under the laws of the State of Delaware, and authorized to do business in the State of North Carolina, hereinafter referred to as the "Company," with offices WHEREAS, the County has determined that it is necessary, expedient and in the best interest of the County to transition its iasWorld solution to the Company's hosting center and utilize iasWorld in a WHEREAS, the Company agrees to provide to the County the hosting and support services set forth NOW THEREFORE, for adequate consideration, the receipt and sufficiency of which is hereby acknowledged and for the other promises contained herein, it is hereby agreed by and between the  located at3199 Klepinger Road, Dayton, Ohio, 45406.  hosted environment; and  below in accordance with the terms herein;  parties hereto ast follows.  ARTICLE1.  SCOPE  This Agreement ("Agreement"): sets forth the terms and conditions pursuant to which the County retains  the Company to host the County's iasWorld solution as defined herein.  ARTICLE2.  TERM  Before beginning this project, the County shall provide the Company a duplicate original of the executed Any changes agreed to by the Company and the County's Project Manager ini the description of the work to be performed under this Agreement and time for performance shall be processed through the  contract which shall serve as the notice to proceed.  County's change order process.  This Agreement: shall commence upon September1,2013 through October 31,2014.  Subsequent Period of Agreement. Additional Hosting Periods shall begin (renew) at the end of each previous Software as a Service ("Saas") Period and end one year later unless: (1) either party gives written notice of non-renewal to the other party at least 30 days prior to the expiration of the Saas  July2013  Tyler Technologies, Inc.  Page 1  11    Articles of Agreement- -Software as a Service Agreement  Lee County, North Carolina  Period or any renewal thereof; or (ii) the Agreement is terminated according to the terms of this After the Initial Term, the Company may increase or decrease prices for Saas Services to be effective at the beginning of any renewal term of a Saas Period by providing the County written notice of such change at least 90 days prior to such renewal. Nothing herein, however, shall require that the County Time of Performance. The Company's time of performance hereunder is contingent upon the substantial performance of the County's responsibilities and upon the nonoccurrence of an event of Force Majeure (as defined below) or other cause or causes beyond the Company's control. Occurrence of any such Force Majeure event shall not relieve the Company from its obligation to fully perform hereunder but rather shall entitle the Company to a mutually agreed to reasonable extension of the completion date and waiver of penalty provisions should: such occurrence materially increase the degree of difficulty of project execution. If the County fails to make timely deliveries within a reasonable time frame of information previously reasonably requested by the Company, then the Company's obligation to perform the services provided in this Agreement shall be suspended until such information is  Agreement.  renew or extend any term of this Agreement.  received. ARTICLE3.  COMPANYSCOMPENSATIONAND PAYMENT  Inc consideration for the iasWorld Online Software as a Service hosting and maintenance services as described in this Agreement, the County agrees to pay the Company a total fee as described in Exhibit2 During the term of this Agreement, and contingent upon the Company's performance in accordance with the terms and conditions of this Agreement, after receiving the Company's invoice for a calendar quarter the County shall remit to1 the Company the Saas fees as described above, with payment on each such invoice to be made no later than ten (10) days prior to the end of each quarter. The Company shall THE COUNTY. ACKNOWLEDGES THAT CONTINUED ACCESS TO THE HOSTED APPLICATION IS CONTINGENT ON THE COUNTY'S PAYMENT OF Saas FEES. IF (A) THE COMPANY HAS PERFORMED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (B) THEREAFTER THE COUNTY FAILS TO REMIT ANY REQUIRED Saas FEES TO THE COMPANY, AND (C) THE AMOUNT IN ARREARS IS THIRTY (30) DAYS OR OLDER, THEN THE COMPANY: SHALL HAVE THE RIGHT TO, AT ITS SOLE DISCRETION, SUSPEND ACCESST TO THE HOSTED APPLICATIONS FOLLOWING THIRTY (30) DAYS WRITTEN NOTICE TO THE COUNTY OF ITS No additional services beyond the Scope of Services hereunder ("the Additional Services") shall be provided by the Company to the County unless said Additional Services have been authorized in a writing signed by the County. Any compensation for any properly authorized Additional Services that may be due the Company shall be invoiced by the Company in the month subsequent to the month in  - Payment Schedule  invoice the County in accordance with the terms oft this Agreement.  INTENT TOSUSPEND ACCESS.  which the Additional Services were provided.  July 2013  Tyler Technologies, Inc.  Page 2  12    Articles of Agreement- -Software as a Service Agreement  Lee County, North Carolina  During the Initial Term, the Company shall, without any additional cost or expense to the County, design, test, document and deliver any amendments or alterations (the Amendments" to the Company's software that are necessary' to correct or avoid any defect in the Company's software which is present at the time of delivery, or is discovered during the County's usage of such software, and affects performance of the Company's software in accordance with the functions set forth in the Scope of Services. The Company shall only be responsible to correct defects, which are documented or otherwise submitted in writing by the County to the Company during the Initial Term and any applicable maintenance period. Oral notification or other unwritten complaints will not constitute notice under  this section. ARTICLE4.  TERMINATION  This Agreement may not be terminated, cancelled or modified except by the written mutual consent of both parties or as otherwise provided for in this Agreement. Upon termination, cancellation or non- renewal of this Agreement, any licenses for the versions of the software that the County liçensed prior tot this Saas Agreement shall remain with the County under the terms of the prior license agreement. In the event oft termination or cancellation prior to the expiration of the then current year, the County shall pay a one-time termination or cancellation fee equal to the remaining balance due for that Saas year as described in Exhibit 2 above unless the County terminates for Cause, in which case the County shall be entitled to a refund for any amount paid beyond the termination date. Notwithstanding anything else contained herein, the County may terminate this Agreement for Cause, as defined below, without any For the purposes of this section, "Cause" means (a) a voluntary or involuntary proceeding in bankruptcy has been initiated by or against the Company, (b) a receiver has been appointed over the assets of the Company, (c) the Company has abandoned the project or fails to perform in accordance with the terms of this Agreement, (d) the Company fails to devote the necessary resources reasonably required to complete the project, or (e) the Company fails to provide software and/or services that meet the system requirements or Scope of Services that results in significant impairment of the County's ability to perform the assessment tasks and functions of the System as described in this Agreement, Exhibits  further payment or penalty.  and/or Attachments. ARTICLES.  PATENT AND COPYRIGHT INDEMNIFICATION  a. The Company shall defend, indemnify and hold harmless the County, its officers, employees, and agents (collectively, "the County") of and from any and all claims, debts, demands, damages, costs, expenses, actions, causes of action, administrative actions, patent claims, copyright claims, and regulatory actions (including, any and all attorney's fees, expenses, and costs incurred by the Company or the County in the defense or settlement of such action) (collectively, a "Claim") that arise out of or are in any manner related to the County's use of the software provided to it hereunder, provided that the Company is given written notice of such Claim within fifteen (15) days of the County's receipt of written notice oft the Claim. b. The Company, at its option, may obtain for the County the right to continue using or to replace orn modify the equipment or Licensed Software involved so it becomes non-infringing; or if such remedies are not reasonably available, grant County a refund, based on the County's net book value, for the equipment or Licensed Software provided pursuant to this Agreement and accept  the return of the infringing product.  July 2013  Tyler Technologies, Inc.  Page 3  13    Articles of Agreement- -Software as a Service Agreement  Lee County, North Carolina  Notwithstanding the foregoing, the Company shall have no obligation under this section ifa third party alleges that the County engaged in a patent or copyright infringement based upon the use of software by the County in combination with other hardware or software not provided d. THIS ARTICLE STATES THE ENTIRE LIABILITY OF COMPANY FOR PATENT OR COPYRIGHT PROTEÇTION INFRINGEMENT BY THE LICENSED SOFTWARE OR THE EQUIPMENT OR ANY  byt the Company. PORTIONS THEREOF.  ARTICLE6  UMITATION OFACTIONS AND LIABILITY  a. Except as provided fori in Article 5, neither party shall be liable to the other for any loss, damage, failure, delay or breach in rendering any services or performing any obligations hereunder to the extent that such failure, delay or breach results from any cause or event beyond the control of the party being released hereby ("Force Majeure"), including, but not limited, to acts of God, Ifeither party is prevented or delayed in the performance of its obligations hereunder by Force Majeure, that party shall immediately notify the other party in writing of the reason for the delay or failure to perform, describing in as much detail as possible the event of Force Majeure causing the delay or failure and discussing the likely duration of the Force Majeure and any known prospects for overcoming or ameliorating it. Both parties agree to take any commercially reasonable measures to overcome or ameliorate the Force Majeure and its adverse effects on this Agreement, and to resume performance as completely as is reasonably possible once the . Inn no event shall Company or its officers, agents and employees be liable to County for any loss of profits, consequential, incidental, indirect or special damages under any circumstances eveni if Company has been advised of the possibility of same, including, but not limited to, loss of tax revenue or claims related to the valuation of property, except for the amount of direct damages to real or personal property and personal injury caused by the negligent acts, errors or In any event, the Company's liability for damages (except for damage to real or personal property or personal injury as provided above) under any theory of liability or form of action including negligence, to the extent permitted by law, shall not exceed the total amount paid by  acts or omissions of civil or militaryauthorities.  Force Majeure is overcome or ameliorated.  omissions of Company or its officers, agents and employees.  the County to the Company under this Agreement. This Article 6s shall survive the failure of any exclusive remedy.  ARTICLE7.  NOTICE  All notices required or permitted to be given by one party to the other under this Agreement shall be sufficient if sent by Certified Mail, Return Receipt Requested, to the parties at the respective addresses set forth below or to such other address as the party to receive the notice has designated by written  notice to the other party.  July 2013  lylerTechnologies, Inc.  Page 4  14    Articles of Agreement-software as a Service Agreement  Lee County, North Carolina  Notices to the County shall bet to the attention  Notices to the Company shall be to the Mr. Mark Hawkins Director of Implementations Tyler Technologies, Inc. 4100 Miller Valentine Ct Moraine, Ohio 45439  of:  attention of:  Mr. Kyle Edwards IDirector Lee County 106 Hillcrest Drive Sanford, NC 27331 ARTICLE8.  GOVERNING LAW  This Agreement shall be governed by and construed under the substantive law of the State of North Carolina, as it existed and was interpreted ont the effective date oft this Agreement. In the event that the laws of the State of North Carolina changed, so as to create additional work for the Company not provided for in this Agreement, the County shall allow the Company a reasonable extension of the  completion date and additional compensation to be negotiated.  ARTICLE9.  CONSENTTOJURISDICTION, VENUE. AND SERVICE  This Agreement is made in and to be performed in Lee County, North Carolina and the Company consents and agrees that all legal proceedings related to the subject matter of this Agreement shall be maintained in either the County Courts ofLee County, North Carolina or in US Federal Court.  ARTICLE10. INDEMNIFICATION  The Company agrees to defend, indemnify, and save harmless the County, its officers, agents and employees against all claims, demands, payments, suits, actions, recovery, and judgments of every kind and description arising out of the performance of this Agreement, for personal injury or property damage brought or recovered against it by reason of any negligent action or omission of the Company, its agents, or employees and with respect to the degree to which the County is free from negligence on  the part of itself, its employees and agents. ARTICLE11. INSURANCE  The Company will not commence work under this Agreement until it has obtained all insurance required under this section. The Company shall obtain, at its sole cost and expense, the following minimum amounts of insurance (inclusive of any amounts provided by an umbrella or excess policy): The Company shall carry Public Liability Insurance in the amount of $2,000,000 including protection for bodily injury and property damage with a combined single limit of $2,000,000 and $1,000,000 for each occurrence naming the County as the additional insured only to the extent of obligations assumed by the The Company shall also maintain Automobile Liability Insurance providing limits of $1,000,000 per occurrence, and the Company shall provide Workers' Compensation Insurance. The Workers' Compensation Insurance shall provide coverage under the Compensation Act of North Carolina and shall The Company shall maintain Errors & Omissions coverage providing limits of $1,000,000 per occurrence. Certificates of Insurance shall bes supplied tot the County byt the Company detailing the: above coverages with the County named as an additional insured as well as a certificate holder. These certificates will be issued  Company under this Agreement.  provide employer's liability insurance int the amount of $100,000.  byacarrier authorized to do business within the State of North Carolina.  July 2013  Tyler Technologies, Inc.  Pages  15    Articles of Agreement -Software as as Service Agreement  Lee County, North Carolina  ARTICLE12. SUBCONTRACTORS  The use of subcontractors is not anticipated under this agreement; however, should the Company find it necessary to utilize the services of additional sub-contractor, the Company shall first obtain the written approval of the County. The Company shall also require each sub-contractor to adhere to applicable provisions oft this Agreement. The utilization of any sub-contractor by the Company shall not relieve the Company from any liability or responsibility to the County pursuant to the provisions of this Agreement or obligate the County to the payment of any compensation to the sub-contractor or additional  compensation to the Company. ARTICLE13. ASSIGNMENT  No assignment of this Agreement or any right or interest herein by either party shall be effective unless the other party shall first give its written consent to such assignment. The performance of the Agreement by the Company is the essence of this Agreement. Notwithstanding the foregoing, the Company may, with the County's written consent, assign this Agreement to an affiliate or subsidiary of the Company or its parent corporation, or assign its rights to receive payments hereunder. ARTICLE14. NON-DISCRIMIMATIOM PROCEDURES During the performance oft this Agreement, the Company agrees as follows:  a. The Company will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin or age, and will take affirmative action to insure that all employees and applicants are afforded equal employment opportunities without discrimination because of race, creed, sex, color, national origin or age. Such action will be taken with reference to, but shall not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of training or retraining (including b. No person in the United States shall, on the grounds of race, creed, sex, color, national origin or age, be excluded from participation in, be denied the proceeds of, or be subject to  apprenticeship and on-the-job training).  discrimination in the performance of this Agreement.  ARTICLE15. AUTHORITYTO! EXECUTE  Each of the parties hereto covenants to the other party that it has lawful authority to enter into this Agreement, that the governing or managing body of each of these parties has approved this Agreement and that the governing or managing body of each of the parties has authorized the execution of this Ifany provision of this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect the whole Agreement, but the whole Agreement shall be construed asi if not containing the provision, and the rights and obligations of the parties shall be construed and  Agreement int the manner. hereinafter set forth. ARTICLE16. SEVERABILTY  enforced accordingly. ARTICLE17. NO WA/VER right hereunder.  The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any  July 2013  Tyler Technologies, Inc.  Page 6  16    Articles of Agreement-Software: as a: Service Agreement  Lee County, North Carolina  ARTICLE18. NON-SOLICITATION express written consent of the Company. ARTICLE19. ENTIRE AGREEMENT  During the Period of Agreement and for a period of six months following the project completion date, the County will not knowingly solicit for employment or hire any Company employee without the  This Agreement represents the entire agreement between the County and the Company with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied or statutory. The County hereby acknowledges that in entering into this Agreement it did not rely on any information not explicitly set forth in this Agreement. Neither party shall be liable to the other for any loss, damage, failure, delay, or breach in rendering any services or performing any obligations hereunder to the extent that such failure, delay, or breach resuits from any cause or event beyond the control of the party being released hereby (Force Majeure), including, but not limited to acts of God, acts or omissions of civil or military authorities (acting in their sovereign, but not in their contractual, capacity), floods, torrential rainfall, other severe or unusual weather or climatic conditions, which would exist for a substantial period of time and would have an affect 50 as to substantially impair the complete deadline, epidemics, quarantines, other medical restrictions or emergencies, defects or failures in equipment or materials owned or supplied by the other party, strikes or other labor actions, embargoes, wars, civil disobedience, riots, terrorism, extreme inflation (eight percent or greater per year) or of governmental rationing of fuel and/or power which would result in a severe shortage thereof, which would substantially impair the proposed completion Ifeither party is prevented or delayed in the performance of its obligations hereunder by Force Majeure, that party shall immediately notify the other party in writing of the reason for the delay or failure to perform, describing in as much detail as possible the event of Force Majeure causing the delay or failure and discussing the likely duration of the Force Majeure and any known prospects for overcoming or ameliorating it. Both parties agree to take any commercially reasonable measures to overcome or ameliorate the Force Majeure and its adverse effects on this Agreement, and to resume performance as completely as is reasonably possible once the Force Majeure is overcome or ameliorated.  ARTICLE20. FORCE MAJEURE  deadline.  ARTICLE21. EXHIBITS. AND ATTACHMENTS  The document listed below is attached hereto and is incorporated herein as a part of this Agreement.  Exhibit Number 1 2  Document Title Service Level Agreement Payment Schedule  July 2013  TylerT Technologles, Inc.  Page7  17    Articles of Agreement -Software as a Service Agreement  Lee County, North Carolina  IN_WITNESS WHEREOF, the parties hereto have set their hands to duplicates oft this Agreement this  Ibldyot  Syptemher  2013.  LEEC COUNTY,NORTH CAROLINA Canbn3.lann  BY:  Lee, Clerk  Charles TPArks, Chairman  Cn  This instrument has been pre-audited by the Local Government Budgeta and Fiscal Çontrol Act. Gae  Approved as to form:  CountyAttorney  *  TYLER TECHNOLOGIES, INC.  BY:  Senior Account Representative, Inside Sales  A  July2013  Tyler Technologies, Inc.  Page 8  18    Exhibit 1-iasWorld: Saas SLA Lee County, North Carolina  EXHIBIT1 IASWORLD ONLINE SOFTWARE ASASERVICE SERVICE LEVEL AGREEMENT  July2013  Tyler Technologies, Inc.  Page 1  19    Exhibit 1- iasWorlds Saas! SLA Lee County, North Carolina  EXMIBIT3-lasWorld. Saas SERVICE LEVEL AGREEMENT  I.  Service Levels  Service levels shall be as in this section. In the event of a conflict between the summary chart and  the explanation that follows the summary chart, the explanation shall govern.  A.  Definitions  When used in this section the following shall mean: Application: shall mean iasWorld Application Services.  Business Day shall mean Monday through Friday excluding Tyler holidays. Business Hours shall mean 8:00a.m. - 6:00 p.m. (EST) on Business Days.  EST shall mean Eastern Standard Time and, where applicable, Eastern Daylight Savings Time. OSDBA shall mean Operating System and Data Base Administration of Tyler  ISP shall mean Internet Service Provider.  B.  Service to the Client  The following service levels apply to Saas Operations Support for the iasWorld solution. iasWorld Application support calls are handled by the iasWorld Application Support Teams. All service levels are based on attainment rates shown below and calculated on a quarterly basis  on the following summary chart and explanations.  July2013  Tyler Technologles, Inc.  Page 2  20    Exhibit 1-i iasWorld Saass SLA Lee County, North Carolina  SUMMARY CHART Service Type Application Availability- ee Application Availability- Yellow  Time  Attainment 99% No SLA  6:00 a.m. to 9:00 p.m. EST Mon-Fri 6:00a.m. to 3:00 p.m. EST! Sat 4:00 a.m. to 6:00 a.m. EST Mon-Fri 9:00 p.m. to 12:00 a.m. EST Mon - Fri 3:00 p.m. to 12:00 a.m. EST Sat 8:00 a.m. to 12:00 p.m. EST Sun 5:00 p.m. to 12:00 a.m. EST Sun 12:00 a.m. to 4:00 a.m. EST Mon = Sat 12:00 p.m. to 5:00 p.m. EST Sun Next Business Day Second Business Day Next Business Day 10 Business Days  Application Availability = Data or File Restoration Synchronization of "live" and "test" databases New Release/Update Testing Period File Back-up  No! SLA 95% 100% 95% 95% 95%  Nightly  July2013  Tyler Technologies, Inc.  Page 3  21    Exhibit 1-i iasWorld Saas SLA Lee County, North Carolina  Explanations  1.  Application Availability:  Green Time: Guaranteed system availability. SLAapplies to green time only.  Yellow Time: User access permitted. Tyler reserves the right to use this time for scheduled maintenance, repairs that require a longer window of downtime and scheduled testing. 24- Red time: System is not available. Reserved for backups and routine maintenance.  hour advance user notification will be given when possible.  Measurement: A log is kept to report any system issues including down time. Total minutes down will be compared to total green minutes in a quarter to determine percentage of goal in the above summary chart. All percentage calculations shall be rounded to the lowest whole  number.  Exclusions: Red Time. Yellow time. Target is 99% attainment.  If actual attainment is 98-97%, Tyler shall include in its quarterly report descriptions of the failure to reach the target and the remedial action that has been or will be taken. Ifactual attainment is 96-94%, a credit of 4% of the prorated quarterly amount shall be credited Ifactual attainment is less than 94%, a credit of 5% of the prorated quarterly amount shall be Notwithstanding the above, the total of all credits that would be due under this SLA shall not exceed 5% of the prorated quarterly fee for any one quarter. Issuing of such credit does not relieve Tyler of its obligations under the Saas Agreement to correct the problem which caused the service to fall below the agreed upon levels in the above summary chart. However, the Client acknowledges that correction may occur in the following quarter, and, because of the time reasonably needed to perform any such correction, the quarter in which the correction  to the next annual payment.  credited to the next annual payment.  occurs may also fall below the agreed upon service levels.  2. Data or File Restoration: and spool files.  Data that may be restored include the complete database, files in the user's home directory A request to restore spool file must be made through the Tyler Client Manager in the iasWorld Support Department and must include the user name, exact file name, job number and date  July 2013  Tyler Technologies, Inc.  Page 4  22    Exhibit 1-i iasWorld Saas SLA Lee County, North Carolina  when file may be found. A request to restore a database must be made through the Tyler Client Manager in the iasWorld Support Department and must be made only by the Client's authorized personnel. A list of such will be provided by the Client signed by the Director of Information Technology Department. All requests / issues should be logged by calling the assigned Client Manager in the iasWorld Support Department team in support at 877-258-2609 and following the recorded instructions. Support hours are 8:00 AM to 5:00 PM EST. Messages may be left after hours. After initial call is made to support for logging purposes, email may be used to provide needed information. If Tyler subsequently creates an internal logging system that utilizes email to log calls, the Client will be notified of such and may use such tol log calls. A list of personnel with authority to make specific requests, other than relating to the database, Measurements: Support logs include time request was made and time request closed. Each call for which response does not meet the agreed upon levels in the above summary chart will be Exclusions: Service levels exclude files that are older than 20 business days. Requests that are not made through the assigned iasWorld Client Manager team will not be counted toward the SLA. Calls that are left on a personal voicemail box or e-mailed will not be counted toward the  will also be provided by the Client's authorized representative.  compared against total calls to determine attainment.  SLA.  Where target is 95% attainment:  Ifa actual attainment is 94-93%, Tyler shall include in its quarterly report descriptions of the failure to reach the target and the remedial action that has been or will be taken. Ifactual attainment is 92-90%, a credit of 2% of the prorated quarterly amount shall be credited Ifactual attainment is less than 90%, a credit of 3% of the prorated quarterly amount shall be Notwithstanding the above, the total of all credits that would be due under this SLA shall not exceed 5% of the prorated quarterly fee for any one quarter. Issuing of such credit does not relieve Tyler of its obligations under the Saas Agreement to correct the problem which created the service to fall below the agreed upon levels in the above summary chart. However, the Client acknowledges that correction may occur in the following quarter, and, because of the time reasonably needed to perform any such correction, the quarter in which the correction  to the next annual payment.  credited to the next annual payment.  occurs may also fall below the agreed upon service levels. Where target is 100% within guidelines specified above:  Ifactual attainment is 99-98%, Tyler shall include in its quarterly report descriptions of the failure to reach the target and the remedial action that has been or will be taken.  July2 2013  Tyler Technologies, Inc.  Page! 5  23    Exhibit 1-i iasWorld Saas SLA Lee County, North Carolina  Ifactual attainment is 97-95%, a credit of2 2% of the prorated quarterly amount shall be credited Ifactual attainment is less than 95%, a credit of 3% of the prorated quarterly amount shall be Notwithstanding the above, the total of all credits that would be due under this SLA shall not exceed 5% of the prorated quarterly fee for any one quarter. Issuing of such credit does not relieve Tyler of its obligations under the Saas Agreement to correct the problem which created the service to fall below the agreed upon levels in the above summary chart. However, the Client acknowledges that correction may occur in the following quarter, and, because of the time reasonably needed to perform any such correction, the quarter in which the correction  to the next annual payment.  credited to the next annual payment.  occurs may also fall below the agreed upon service levels. Data Synchronization in the Test Database:  3.  Tyler shall maintain two envfronment/databases containing the Client data: Production and Test. Tyler shall synchronize the Test Database upon request of the Client, no more than three (3) times weekly and additional requests will be addressed on a case by case basis, scheduled at least 30 days in advance. However, iti is understood that all users must be off of the test system during such synchronization. The goal will be to complete requests to refresh the test database A request to synchronize the test database must be made through the Tyler support department. All requests / issues should be logged by calling the assigned iasWorld Client Manager in support at 877-258-2609 and following the recorded instructions. Support hours are 8:00 AM to 5:00 PM EST. Messages may be left after hours. After initial call is made to support for logging purposes, email may be used to provide needed information. If Tyler subsequently creates ani internal logging system that utilizes email to log calls, the Client will be Measurement: Support logs include time request was made and time request closed. Each call for which response does not meet the agreed upon levels in the above summary chart will be Exclusions: Requests that are not made through the OSDBA team will not be counted toward the SLA. Calls that are left on a personal voicemail box or e-mailed will not be counted toward  within 24 hours.  notified of such and may use such to log calls.  compared against total calls to determine attainment.  the! SLA.  Target is 95%attainment.  Ifactual attainment is 94-93%, Tyler shall include in its quarterly report descriptions of the failure to reach the target and the remedial action that has been or will be taken.  July2013  Tyler Technologies, Inc.  Page 6  24    Exhibit 1- iasWorld Saas SLA Lee County, North Carolina  Ifactual attainment is 92-90%, a credit of 2% oft the prorated quarterly amount shall be credited Ifactual attainment is less than 90%, a credit of 3% of the prorated quarterly amount shall be Notwithstanding the above, the total of all credits that would be due under this SLA shall not exceed 5% of the prorated quarterly fee for any one quarter. Issuing of such credit does not relieve Tyler of its obligations under the Saas Agreement to correct the problem which created the service to fall below the agreed upon levels in the above summary chart. However, the Client acknowledges that correction may occur in the following quarter, and, because of the time reasonably needed to perform any such correction, the quarter in which the correction  tot the next annual payment.  credited to the next annual payment.  occurs may also fall below the agreed upon service levels. 4. New Release/Update Testing Period:  New releases of Tyler will be loaded into the test database prior to Production. These releases will remain in the test environment for a minimum of ten business days. A migration plan should be developed and published for each release for each site. Changes to the plan should Client agrees to devote time and resources to testing new release to remain no more than two releases behind. If circumstances arise that would necessitate the County going more than two (2) releases behind the current release, the County will discuss with Tyler and a timeline to bring the County current will be established and agreed upon by both parties. Measurement: A date stamp is created when the program directory for training is updated. This will be compared to the requested date for migration to production. Exclusions: Individual programs that have been requested to fix a "bug" or add functionality for as site may be moved from training to production at the Client's request.  be discussed with both parties.  Target is 95% attainment.  Ifa actual attainment is 94-93%, Tyler shall include in its quarterly report descriptions of the failure to reach the target and the remedial action that has been or will be taken. Ifactual attainment is 92-90%, a credit of 1% of the prorated quarterly amount shall be credited Ifactual attainment is less than 90%, a credit of 2% of the prorated quarterly amount shall be  to the next annual payment.  credited to the next annual payment.  July 2013  Tyler Technologies, Inc.  Page 7  25    Exhibit: 1- - iasWorld Saas SLA Lee County, North Carolina  Notwithstanding the above, the total of all credits that would be due under this SLA shall not exceed 5% of the prorated quarterly fee for any one quarter. Issuing of such credit does not relieve Tyler of its obligations under the Saas Agreement to correct the problem which created the service to fall below the agreed upon levels in the above summary chart. However, the Client acknowledges that correction may occur in the following quarter, and, because of the time reasonably needed to perform any such correction, the quarter in which the correction  occurs may also fall below the agreed upon service levels.  5. Support Call Response: Articles of Agreement.  The following outlines the standard support provided by Tyler Technologies, Inc. for the following software systems installed in the Company's Saas environment, for the time period specified in the  System iasWorld iasWorld  Module CAMA Standard* Inquiry & Appeals Tracking Table 1-E Base System Detalls  1: CAMAS Standard includes thei following previously separate modules: CAMA, AA, Conveyance, System Framework,  Data maintenance and Document Manager.  The software systems listed in Table 1 shall be known as the "base system." Any additional support, modifications, or services needed on the system as it is installed in the Saas hosting center site which are not expressly included in this Agreement, are outlined in an additional service level agreement or Modifications to the iasWorld code and iasWorld reports written by the Company for a specific County or group of Counties are considered part of the base system and, as such, the terms of this Agreement  are provided at time and materials rates.  apply.  Terms and Definitions Base System  The following is a list of common terms used int this Support Agreement:  The Software, as listed in Table 1 above, running in the Company's Saas Hosting  environment. System Error  An error in the base system that is either a generated error (e.g., error screen) by the base system or lack of response (slow or stuck), or failure of ai function as stated in the iasWorld User Guide (also referred to as "issues" or "bugs"). Note: Slow response time or system  failure due to the County's network administration is not covered.  Updates  Unlimited distribution of revisions to the base system source code that fixes errors and (or) includes enhancements that are will be applied to the County's Saas solution according to  the published updates schedule.  July2013  Tyler Technologies, Inc.  Page 8  26    Exhibit 1-i iasWorld Saas SLA Lee County, North Carolina  Maintenance or Maintain Coverage Period Business Dayls)  Providing support and updates for the base system only.  The start and end date for the support offered in this Scope of Services and additional  services stated int the Articles of Agreement.  The days and hours the Company operates, defined as Monday through Friday (excluding  Tyler holidays) between the hours of 8:00 AM and! 5:00 PM.  Hot Line Support  During the coverage period, the Company will provide phone support for the base system. This support will provide assistance (via phone or delivered documentation) in determining the root cause of system errors (whether user error, operation related error, or base system software) and the response as outlined below. The Hot Line is also available for questions on normal operation of  the base system. Hot Line Number 877-258-2609 Hot Line Hours  The Hot Line is available from 8:00 A.M. to 5:00 P.M., EST, Monday through Friday. Weekend or evening coverage can be arranged witha a five (5) day minimum notice. The Company shall respond to the County's request for telephone assistance within one (1) The Company shall take steps to have the system error fixed, or an appropriate workaround, via phone or dial-up as defined in the following priority matrix:  Hot Line Support Considerations  working hour from thei initial call.  Priority Critical  Definition County users.  Response within 1 hour.  Issue Resolved Within 1 business day oran agreed upon due date and time. Within 2-5 business days or an agreed upon due date. Within 4- 10 business upon due date.  Software is inoperable for all Client is contacted  Issue affects daily processing ord day-to-day functions of the Client is contacted County. Issue affects a large within 1 hour. group of County users. Issue affects a small group of day-to-day processing.  High  Medium  users and does not affect Client is contact days, or an agreed  within 1 hour.  July 2013  Tyler Technologies, Inc.  Page 9  27    Ewhibitl-lasWorid: Saas SLA Lee County, North Carolina Typically 6+ business problem, or an agreed upon due date.  Issue affects 1 County user processing.  Other  and is non-critical to daily Client is contacted days from reported  within 1 hour.  Ifthe cause of the problem is not an actual bug within the base system, the Company will provide an action plan with an estimated cost to resolve the issue within a  reasonable amount of time.  Online Support base system issues. ONYX Access Details ONYX Support  During the coverage period, the Company will provide access to the ONYX System on the Internet in order for the County to have 24 hour, 7 day access to answers to base system questions and to log  Details on the use of ONYX are provided in the ONYX Call Center Guide.  ONYX: Support can also be reached via email. For more details, please refert to the ONYX Call  Center Guide.  Modification and Change Procedure  Additional changes to the base system can be requested. These changes shall be submitted in writing to the Company and cost estimates will be provided. Once the County agrees to the cost Base system updates will be provided to the County byt the Company during the coverage period.  estimate, a separate Contract will be drafted for acceptance byt the parties.  Updates IAS Updates  The Company will distribute an estimated schedule of when releases and patches will be available. The Company will perform such updates to the hosted system during Yellow and Red Availability times as described above. The Company reserves the right to back-port certain bug fixes to the County's current version of iasWorld or require that the County The County is responsible for updating any data stored in the base system data tables, whether such updates occur through the normal course of business from user data entry, through update from some iasWorld batch process, or though an! SQL update. Updates may be performed to the iasWorld data for various reasons by the Company as requested by the The Company is responsible for scheduling updates to the Oracle software in order that the  upgrade to a newer release to obtain the required fix.  IAS Data' Tables  County subject to time and materials rates.  Oracle Updates  County is on a version supported byi iasWorld.  July2013  Tyler Technologies, Inc.  Page 10  28    Exhibit 1-i iasWorld Saas SLA Lee County, North Carolina  Legislative Changes  The Company will provide up to 80 base system programming hours per calendar year of the Agreement, per State, in order to comply with State legislative changes. Programming hours encompass analysis, coding, and testing of the changes. Additional legislative changes can be  performed at time and materials rates.  Data Ownership data.  The County owns the data stored and processed on the base system. During normal support, the Company will be exposed to this data and will take all measures to ensure the confidentiality of the  Backups and Recovery Dependent Software Licenses  The Company will perform system (OS) and/or database (Oracle) backups.  The County is responsible for acquiring and maintaining software licenses and upgrades for all third- party software products. Depending on the iasWorld configuration, these 3rd party products can include Windows 98, NT or Win2000, Internet information Server (IS), Oracle 8i, MapObjects (IMS), Adobe Acrobat, various Internet components and any necessary! ESRI and/or Pictometry licenses. The Company will be responsible for on-site operational support of the iasWorid application server(s). Tasks will include performing system backups, system restarts, and providing on-site  Server Operations troubleshooting. Out of Scope Items services. Theyare:  The following are examples of items that are not included in this Agreement. The Company will provide such services as requested by the County. Time and Materials rates will apply for such  Resolution of problems that arise out of the County's misuse of the system.  Creating ad hoc reports or newi iasWorld reports. Modification oft the iasWorld code. Modification of iasWorld reports. Updates to iasWorld cost tables, tax rate tables, etc. Onsite training. user during the County's business cycle.  Process and procedures that could otherwise be performed by a non-technical iasWorld Errors and problems that arise out oft the County's modification oft the base system code. Errors and problems related to other 3" party vendors' software not specifically covered by this agreement. Such support would need to be provided under as separate agreement.  Additional Support  No other additional support outside this Scope of Services is given unless stated in the Articles of Agreement. Additional support or services (such as those listed above) can be requested and will be  billed at the Company's then prevailing time and materials rates  July 2013  Tyler Technologies, Inc.  Page 11  29    Exhibit 1-iasWorld! Saas SLA Lee County, North Carolina  6.  Data or File Back-Up:  Nightly backups of the following files will be completed: live database, training database,  home directories, and spool directories.  Back-up media will be cycled off-site nightly to at fireproof vault.  Target is 95% attainment.  Ifa actual attainment is 94-93%, Tyler shall include in its quarterly report descriptions of the failure to Ifactual attainment is 92-90%, a credit of 2% of the prorated quarterly amount shall be credited to the Ifa actual attainment is less than 90%, a credit of 4% of the prorated quarterly amount shall be credited Notwithstanding the above, the total of all credits that would be due under this SLA shall not exceed 5% of the prorated quarterly fee for any one quarter. Issuing of such credit does not relieve Tyler of its obligations under the Saas Agreement to correct the problem which created the service to fall below the agreed upon levels in the above summary chart. However, the Client acknowledges that correction may occur in the following quarter, and, because of the time reasonably needed to perform any such correction, the quarter in which the correction occurs may also fall below the agreed upon service  reachi the target and the remedial action that has been or will be taken.  next annual payment. tot the next annual payment.  levels. Disaster Recovery  As part of the project planning the Company will work with the County to establish the Disaster Recovery Plan that identifies the primary contacts for both the County and the Company to be notified in the event of a disaster as well as the steps the Company will undertake to enact the disaster recovery Changes made to the County's production database are written, hourly, to the Company's co-location facility located in the Tyler hosting facility. In the event that the Company suffers a failure at the primary facility in Dallas, the Company will load all log files received at the Co-location since the last full backup and the County's data will be as current as the most recent log files. The Company will then run some test scripts to ensure the system is accessible and then provide the County with the new URLto When the primary facility is operational the Company will transition the County's database from the CO- location at a pre-arranged time, and the Company will notify the County to switch back to the primary As part of this Disaster Recovery plan, the County is entitled to 'test' the DR plan one time per year. The County's primary contact will coordinate this test with the County's Client Manager. Participating in an annual mock disaster recovery drill is an important part of the Disaster Recovery Plan. Our team walks  process.  access the co-location facility.  URL, in accordance with the Disaster Recovery Plan  July 2013  Tyler Technologies, Inc.  Page 12  30    Exhibit 1-i iasWorld! Saas SLA Lee County, North Carolina  your users through declaring an emergency, contacting our facilities and accessing your archived data. This is your chance to ensure policies are up-to-date and accurate and that employees have complete knowledge of disaster recovery procedures--without the worries of an actual emergency. The goal of the Disaster Recovery plan will bet to restore the application within 24 hours.  July 2013  Tyler Technologies, Inc.  Page 13  31    Exhibit 1- iasWorld Saas SLA Lee County, North Carolina  2013 Time and Material Rates  The Company's hourly Time and Materials Rates for calendar year 2013 are as follows:  Technology Sr. Company Officer /Sr. Valuation Analyst Project Manager Database Administrator (DBA) Technology! Staff Appraisal Appraiser Senior Appraiser- Commercial Appraiser- Residential Data Collector- Commercial Data Collector- Residential Data Entry/Clerical  Off-Site $265.00 $180.00 $175.00 $170.00  On-Site $330.00 $235.00 $215.00 $205.00  $160.00 $125.00 $105.00 $70.00 $55.00 $40.00  $200.00 $150.00 $130.00 $90.00 $70.00 $50.00  The on-site rates reflectt the cost oft thei travelt time to and from the client's site. Travela and other out-of-pocket expenses will be billed at direct cost. The above rates are subject to change periodically, reflecting changes in labor costs, taxes, etc. The If Tyler staffing requirements are such that services must be provided using contract labor, whose cost basis is significantly above whati is built into Tyler's Time and Materials rates, the T&M hourly rates for off-site work performed at Tyler offices on behalf of the Client for said contractor will be computed to reflect the Company's cost plus 25%; the on-site rates for work performed at the Client site will be this cost plus a 50% premium. The Company will notify the Client in advance when  Company will notifyt the Client ofs said changes in writing.  responding to ar request using contract labor whose cost will exceed the above fee scheduie.  July 2013  Tyler Technologies, Inc.  Page 14  32    Exhibit 2 -iasWorld: Saas Payment Schedule  Lee County, North Carolina  EXHIBIT2  PAYMENT SCHEDULE  July 2013  TylerTechnologies, Inc.  Page 1  33    Exhibit 2-iasWorid Saas Payment Schedule  Lee County, North Carolina  EXHIBIT: 1 - iasWorld Saas Payment Schedule  The following modules were previously licensed to the County and the County retains the rights  granted to it under the original license agreement:  iasWorld CAMA Standard' iasWorld Inquiry & Appeals Tracking  1:Includes thef following modules previouslyl licensed to the County: CAMA and Assessment. Administration: and new The County will pay to Tyler an annual Saas Software and Hosting fee according to the schedule  modules ofs System Framework, Data Maintenance and Document Manager.  identified below: Table1  Saas Software and Hosting Fee September 2013 - October 2013 Credit- IAS Maintenance (September 2013 - October 2013) November. 2013 -J January 2014 February 2014- - April 2014 May 2014-J July 2014 August 2014- - October 2014 Total current quarter as shown above.  Amount When Invoiced 12,830.00 Upon Contract Signing 19,250.00 October1, 2013 19,250.00 January 1, 2014 19,250.00 April 1, 2014 19,250.00 July1,2014 $83,555.00  (6,275.00) Credit applied to first invoice upon contract  signing.  The quarterly software and hosting fees are due ten (10) days prior to the end of the then  July2 2013  Tyler Technologies, Inc.  Page 2  34    Exhibit 3 - Scope of Services Lee County, North Carolina  EXHIBIT: 3  SCOPE OF SERVICES  July 2013  Tyler Technologies, Inc.  Page 1  35    Exhibit 3 - Scope of Services Lee County, North Carolina  EXHIBIT 3-SCOPE OF SERVICES  Project Vision  Tyler Technologies' (Tyler) vision is to upgrade its IAS system currently installed in Lee County to the Company's latest release of the system, known as iasWorid Online CAMA Standard as a hosted solution, to further the County's initial investment in AS and ini its partnership with Tyler. This project covers the installation, implementation and testing of the new iasWorld modules: Data Maintenance, System Framework, Document Manager and Inquire with the base North Carolina setups. It also covers the aspects of implementation and set-up, possible modifications, training, and This project furthers Tyler vision of not only extending the life of the County's property tax solution, but also continuing thel long term relationship between Lee County and Tyler Technologies.  transition to production fort these modules.  Scope  The Company will install it North Carolina base modules and setups necessary to implement the North Carolina iasWorld configurations. it is the Company's intent to install the base iasWorld software modules identified in this agreement and to use thei implementation and system set-ups as developed for our North Carolina iasWorld installations, as thel basis for this project. The Company will install the iasWorld software modules on the Company's test environment for the implementation and setup portion of the project. Once the installation! is completed and the County has signed off, the Company will move the solution to the Company's production environment. The Company will also apply set- ups to the installed modules, update system documentation and deliver documentation and training to the County. This will be accomplished in several phases. The following are some specific tasks and  deliverables during each phase.  Phase. 1: Project Start-up  Project Start-up  The Company will execute project start-up tasks including internal project planning, project staffing and assignment of key staff, procurement of resources needed to internally support the execution of project tasks, initiation of subcontractor planning and coordination tasks, schedule the assignment of the project team, etc. The Company will usel Microsoft Project to manage the projectschedule. The Company and the County will review and agree upon the initial scope for the project. The scope statement above can be used and adjusted for this phase. The Scope will be refined after the Gap/Fit Deliverable: Project. Scope Document (as agreed between Company and the County)  Project Scope  Analysis.  July2013  Tyler Technologies, Inc.  Page 2  36    Exhibit 3 -Scope of Services Lee County, North Carolina  Project Work Plan  The Company shall meet with the County within forty-five (45) days of contract signing to review the detailed planning calendar, or Project Work Plan, with County: staff. The Project Work Plan will expand upon the delineation of tasks identified in this Scope of Work, indicating responsible parties, estimated effort, projected time frames and task dependencies. This Work Plan will be revised during the initial phases of the contract as the additional information becomes available, further defining project tasks. The Company will provide the County with a monthly status report, for review and discussion. The Company will monitor the project plan and should any changes to the critical path items of the Project Plan occur, the Company will review and discuss the impact of these changes with the A general training plan will be developed in conjunction with the Phase 1 work plan, subject to refinement during the implementation and County approval. The plan will be executed during the Deliverable: Project Work Plan and Training Plan (as agreed between Company and the County) The project will begin with a planning phase during which the Company will produce a tentative project schedule and meet with the County to review. Adjustments will be made to the initial schedule as needed to minimize scheduling conflicts with the County's processing calendar and scheduled vacations. The project schedule becomes a living document that will guide the major tasks of the upgrade. Changes can be made from time to time in the project schedule to reflect changes in staff availability and the County processing calendar. The implementation will then begin and the specific schedule for the rollout to the various County offices will be jointly planned by the Company and County. Further, it is expected that the Document Manager installation will be scheduled to fitt the County's processing calendar and Company resources. The specific order of the rollout of the various modules/offices will be decided by both County and Company  County. training phase. Project Schedule  management as part of the planning process.  Phase: 2: InstalliasWorld  Software Installation:  The Company will install its current release of iasWorld on the designated hardware to be used to  conduct a detailed system walk-through.  Phase. 3:  Training  County Personnel Training  The Company shall develop a training plan in conjunction with the County which establishes topics to be covered over the course of a series of two (2) total weeks of training sessions through the phased installation and implementation period. The training will follow the train-the-trainer approach, and the County trainer willl ber responsible for training the remaining County users. For eachsession: A. The Company shall prepare and review with the County a pre-training report identifying any system level options that should be decided prior to the training session. The County  July 2013  Tyler Technologies, Inc.  Page 3  37    Exhibit 3- Scope of Services Lee County, North Carolina  shall select the appropriate options, and the training sessions will proceed with these options in place. The training schedule will be jointly developed with the Company and County Project Managers as part of the overall planning. The training schedule will need to take the County's processing calendar in consideration as well as County and Company B. The Company shall provide on-site training for the specified days for the County trainer D. The Company has also included one (1) week of on-site post implementation Go-Live E. For the purposes of training, one week is defined as on-site noon Monday through noon Friday. In addition to the time on-site, this week includes the neçessary preparation time prior to and after each week oft training, travelt time and expenses related to thet training.  staffavailability. designated byt the County.  The Company has included two (2) weeks of on-site training.  support,  Phase 5:  iasWorld  Software & Services to be Implemented:  Thei following Software & Services will be licensed and delivered as part of this Agreement:  System Framework Web-enabled Datal Maintenance Electronic Document Management Interface  Web! Services Framework  The Web Services framework is the common framework used by all of the iasWorld applications  included in this Contract, encompassing: Users (who is known tot the system) Roles (specifying functional access to groups of users) Security profiles (allowing to control access to data elements)  Interface defaults policies)  Content for default portal environment styles and templates (logos, colors, fonts, language) Interoperability plans (external system connections, external data sources, external security Property Records Management (PRM) used by internal users for searching, list management and pre-defined reporting. PRM is the enterprise level access environment that has the ability to search for records by a variety of methods including advanced searches. Iti includes the ability to tie records stored in the iasWorld database with other County applications including photos, documents, GIS, and oblique imagery (currently integrated with Pictometry).  The Company will review additional features with the County. At typical listing of project steps for this phase, which will further be defined and time lined once the project is underway, are:  Customer reviews and completes a Setup Document. A sample of this document is included at  July2013  Tyler Technologies, Inc.  Page 4  38    Exhibit 3 -S Scope of Services Lee County, North Carolina  the back oft this section.  Customer returns Setup Document to Company.  Customer provides the necessary data subset (ie. CAMA, GIS, photos) to Company. The required method for GIS integration is for the County to expose a tax map web-service on ArcGIS, and Company loads the data and configures the Test site according to specifications outlined by the Customer in the returned Setup Document. The Company will not share the County's data with others, or utilize it for any purpose other than that required for the execution of this contract. Customer reviews the Test site and enters technical issues with the site via the Customer Issue  provide an ADF connector on thei iasWorld presentation-tier: server.  Tracker Database.  Company applies fixes to the Test site based on Customer feedback.  Customer signs off ont the Test site.  Electronic Document Management Interface Implementation  Document manager is the module that will allow the County to store imaged (photos, files, etc.)directly within the iasWorld Oracle database. The base North Carolina installation does not include integration with any County EDMS. The Company will work with the County to identify images, ifany,t that are to be  loaded into the Oracle database.  Phase 6:  Web-Based User Interface implementation  Web-based User Interface  The Company will install, set up and configure the base North Carolina user data maintenance environment. The lasWorld thin client environment provides the County with an expansive, web-based, task-oriented, transaction environment that streamlines and simplifies the business processing of iasWorld will be initially configured at the Company's data center for the purpose of allowing the County's staff to review the setup and configuration of all applicable baseline transactions and user The following tasks are concerned with the overall requirements, setup, configuration, and installation  assessment and taxation tasks.  interfaces. at the County.  Receive Sample Database (from the County IAS database) Load: sample data on Test Server DB Module configuration on the Test Site Load of Base Transactions to Tests site Test basic module functionality  Identify which transactions willl be deployed for client Activate identified transactions for County Identify County Site-specific transactions  Generate County List of Value (LOV) tables - these should be the same as the County is now  usingi in IAS.  July 2013  Tyler Technologies, Inc.  Page! 5  39    Exhibit 3 - Scope of Services Lee County, North Carolina  Setup Roles, Users & Content Configuration. This is an entirely separate environment from the existing IAS setup, and the Company will train the County in how to setup the roles, users, and permissions and the County willl be responsible for setup of the remaining iasWorld users.  Role creation/confguration. and User assignment to roles  Content Configuration Setup 'On Demand Reports' configuration Transaction' Template Configuration Setup/confirm required LOVS for deployment  For each transaction, if necessary, modify the baseline template to meet site specific  requirements  Ensure correct LOVs are being displayed Release Transactions to County for review  Walk through the transactions with the County, highlighting features, changes and general usage (this is not full class room training but will include a combination of Webex, onsite, and/or self guided user test scripts. It is introductory training to give the County enough knowledge to Receive feedback on additional changes that may be required using ouri issues-log  test the transactions) Template enhancements as needed User Acceptance Testing based on QA scripts County signs off ont transactions Install transactions on County's Test Environment Verification of transactions inl Test Environment Identification of additional configuration parameters install transactions on County's Production Environment Additional Configurations applied to Production Environment if necessary Verification of transactions in Production Environment County sign off Formal class room training fort transactions Release into Production Phase 6a- -S Site Specific Setup Review & Documentation  County reviews transactions, tests basic operation and business rules on Test Site -  Final Configuration  The Company will review the set of base North Carolina transactions. These transactions will be reviewed with the County staff to determine the most advantageous starting point for the Lee The process for configuring iasWorld to address the County's requirements involves a series of walkthrough sessions to agree on the setup and configuration required. The initial presentation of the baseline transactions as generically configured for the County will be done via access to the Company's Test facilities. The walkthrough sessions will be conducted using a staged version of the application. Once the walkthrough sessions are complete and application setups are complete, the module would  implementation.  July2013  Tyler Technologies, Inc.  Page 6  40    Exhibit 3-Scope of Services Lee County, North Carolina  then bei installed on County computer facilities for production purposes. Phase 6b - awondiawPomtenson Modifications, Testing  These walkthroughs willl be conducted through a series of on-site and/or) WebEx review: sessions. As a result of the walkthrough sessions, the Company will produce a walkthrough setup document that defines the amount of services required to setup and configure iasWorld to meet site specific business functionality required by the County. The project includes an estimated block of hours to perform these Listed in the tables below are the baseline transactions and general features that will be provided to the County as part of the iasWorld application. Transactions represent business functions that are processed by the County, condensed into a single browser data maintenance (user) interface. Associated to each transaction is a series of master user interface templates (similar to forms). During the setup process, business 'roles' will be defined and master templates wil be associated to these roles. Selected templates may be modified to simplify the presentation of data to those fields required for data entry roles, thereby streamlining the overall interface and increasing usability and efficiency. Thel listed general features are independent of the following baseline transactions, but they will be made available when appropriate for a particular transaction. The following list of baseline transactions mayi include transactions that are not applicable to the County's business processes, but  tasks within the context oft the existing base transactions and configurations.  are included for completeness.  Base Transactions Owner Transfer Splits & Combinations Agriculture Deferrals Assessment Re/Deactivate Conveyance Exemptions Personal Property Centrally Assessed Alternate Owner Alternate Address Alternate PID CAMA Residential CAMA CAMA Commercial CAMA CAMA Commercial Income CAMA Condo CAMA Sales Validation AA  AA AA AA AA AA AA AA PP PP AA PP PP PP  Notes -Land Records (Optionally Published to Web! Site)  CAMA Notes - Field (Appraiser) (Optionally Published to Web Site) CAMA Market Transactions including MKSALES and Comp Sheet, as well  Hearing Track Valuation by PID as associated set up tables  July 2013  Tyler Technologies, Inc.  Page 7  41    Exhibit3-Scope of Services Lee County, North Carolina  CAMA CAMA: set up tables for CALP, Residential cost, CI cost and  Income Models AA: set upi tables including ROLLDEF PP set up tables Batch Reports CAMA Reports set up CAMA Reports set up AA Reports set up! PP  AA PP SYS AA PP AA  Assessment Admin; similar to Owner Transfer  Note: The above transaction types require access to the underlying lasWorld application! business rules and data schema and as such are dependent on the customer's right-to-use license for each dependant  iasWorld application.  Other General Feature Descriptions  Future Year Display the fact that data for at future year exists for a transaction. Multi-Yr & Multi-lurisdiction- - Users need to be able to query a parcel with tax year and Jurisdiction as part of the query keys. On most sites there is only one. Jurisdiction and even on On-Demand Print Currently administrators can set up a number of IAS stored reports to execute from various configurable transactions. Al login staff member can then access these reports via the iasWorid UI. Usually these are related to data on the screen which pass field and search parameters tot the requested report. Example reports such as PRCS, Value Change Notices, exemption applications, deferral applications, etc. are typically executed for the parcel List Management - Ability to group parcels into meaningful lists that can be used for reporting Sketch Edit - AS Sketch program is available for users to draw outlines of any buildings entered intot the system. Sketches can also be entered via traditional vector strings which are subsequently parsed for accuracy and stored in the associated addition or commercial section. The current sketch routines also compute the area and perimeter of the segment. ADDRINDX- This table has alternate addresses fora a property. Columns int the table linki ita table/row fort the parcel. The table also has to be considered for address queries. ALT-INDX. This table has alternate keys for a property. These may be something like al legacy parcel id or special pointers, which may note exist fora all parcels. There may be more than one alternate id on a parcel. Users may want to queryat transaction using the alternate id. OWNALT- This table has alternate names for a property owner. These are such things asa business name or alternate name. Columns int thet table linki it at table/row fort the parcel. The  Multi-lurisdiction: sites most users only maintain one. Jurisdiction.  displayed on the screen. and maintenance.  Sketch Display Graphic display ofi image screen capture.  table also has to be considered for owner queries.  July 2013  Tyler Technologies, Inc.  Page 8  42    Exhibit 3- Scope of Services Lee County, North Carolina  Master Index (Book, Page, Township, NBHD) -7 These are queries on an index screen, which produce al list of one or more parcels a user can then select which one he wishes to query. The Option/Switch to Query Deactivated Records - Users normally do not want to see deactivated records. However, many screens have a switch, which allows the user to include them int the query for when they want to see the data or need to reactivate. Ona a deactivated record the only field that can! ber maintained is the deactivate date. However, ifiti is removed other data can Highlighting By TAXYR To help avoid changing data in the wrong tax year users want a strong visual clue for which year they are working in. The header bar provides a color association to Tax EDMS Link- - Link to EDMS where available. Requires licensing of Document Manager. Photo Link - Link to pictures where available. This may be Landisc"M or other source: such as a Inquire Reporting - A query and data-mining tool which is available to all users for purposes of developing stored query datasets to be used in reporting, analysis and maintenance. This module includes a direct export to an Excel format as well as other common formats, including CSV, XML, Sales History Maintenance When some: sales (based on defined criteria) are added to the database a copy of the CAMA data is stored in a set of separate sales history tables. The key to this data is the. SALEKEY rather than the parcel id. Ift the data at the time of sale was different from the data copied the user may want to update the sales data. This will require parallel transactions for RES CAMA and COM CAMA using the sales historytables with SALEKEYas the primary key. The user may want a pull down list of possible sales for a parcel id to identify which sales need to be changed. Users may also want to have an icon to recopy the current datai fora a parcel ort tablei into the sales history tables. The initial creation oft the sales history tables is handled within the database and should not require any special iasWorld logic.  user also may want to return tot the list to pick another parcel.  be changed.  Yeari to assist the user with a visual cue.  directory ofj jpg files. Requires licensing of Document Manager.  and HTML  On-Line Help - On-line help will be browser base. Phase 6c - Install at Company Hosting Center  During this contract stage, all transactions and supporting setups are transitioned to the Company's  hosting center. Phase 7:  iasWorld Upgrade Close-out and Transition to: Support  Finaf System Acceptance  The County will sign off ont the delivered system upon successful completion of integrated system test fort the core features as described int the completed set-up documents. Preliminary modules (impacted by subsequent deliveries and updates) willl be flagged as conditional sign-off, pending testing of the  final deliverables.  July2013  Tyler Technologies, Inc.  Page! 9  43    Exhibit: 3 - Scope of Services Lee County, North Carolina  Non Phase Items Project Administration  The Company shall develop and maintain a project work plan and schedule over the course oft the project. This plan will detail Company, subcontractor and County responsibilities, tasks, planned, revised and actual execution dates. The Company will: submit monthly status reports and the MS  project schedule willl be updated monthly.  Project Management  The Company: shall coordinate with the County project manager to provide dayt to day management of the project activities including coordination of County and Company resource needs ins scheduling meetings, review sessions, following up with Companystaff, subcontractors. and County on respective  commitments. Optional Activities: County.  The Company shall be available tot the County to address any additional activities as requested byt the 1. The County shall notify the Company in writing of any optional activities ity wishes toi include, and 2. The Companys shall respond in writing tot the County on cost and timing ofr requested optional 3. The County will notify the Company in writing confirming acceptance of cost andi timetable.  approximate timetable. activities.  4. The Companys shall perform optional activities as agreed.  July2013  TylerTechnologies, Inc.  Page 10  44    tyler  appraisal & property tax solutions  Tyler Technologies, Inc. 4100 Miller-Valentine Ct Moraine, OH 45439 www.ylertech.com  Phone: 800.800.2581 Fax: 866.658.4258  45    AMENDMENT (3)TO MASTER SERVICE AGREEMENT BETWEEN OUTPUT SERVICES GROUP AND  LEE COUNTY  This Amendment to the Master Service Agreement between Output Services Group, Inc., including its subsidiaries and other affiliated entities (jointly referred to as  "OSG") and the Lee County is made. June 17,2024.  WHEREAS, the Lee County, ("Customer") and Output Services Group, Inc. entered into a Master Service Agreement ("Agreement") with an Effective Date of. July  18, 2017. set forth herein;  WHEREAS, OSG and Customer desire to amend the Agreement in the manner WHEREAS, capitalized terms used but not otherwise defined in this amendment (the"Amendment") shall have the same meanings respectively ascribed to them in the  Agreement.  NOW, THEREFORE, in consideration ofthe promises set forth herein, and for such other valuable consideration, the sufficiency of which is acknowledged by the  parties, iti is hereby agreed as follows:  1. OSG and Customer agree that the Term oft the Agreement shall be extended 2. No price change is required at this time, however, OSG may change or increase the price it charges to reflect changes in postage and raw materials, such as paper and envelopes. OSG will provide 90-day notice ofany intent to 3. The monthly surcharge will continue to be eliminated with services. 4. All other terms of the Agreement shall remain unchanged by this Amendment.  for 12 months ending on July 18, 2025.  implement aj price increase.  Output Services Group, Inc.  Lee County  Joseph Tetstone Aosepk 7etatone a Joseph Tetstone EVP of ClientE Experience July 02,2024 14:22CT PpAebeugemedcn  By:  Kmpôntt Name: KIRKD. SMTH Title: COMMSSION CMADMAN Date: 15 Jury a0a4 This instrument has been preauditedi int the manner required by thel Local Government Budget and Fiecal Control Act Candace Bamar Finance Olficer, Lee County  2    CONTRACT ADDENDUM FOR CONTRACTS WITH ANY DEPARTMENTOF LEE COUNTY GOVERNMENT  CONTRACTOR: Output Services Group, Inc. COUNT/DEPARIMENT: Tax Department SUBJECT OF CONTRACT: Print and mail services DATE/TERM OF CONTRACT: July 18, 2024-J July 18, 2025  Notwithstanding any provision contained in the above referenced Contract or Agreement which may be to the Non-appropriation clause. Contractor acknowledges that Lee County is a governmental entity, and the contract validity is based upon the availability of public funding under the authority ofi its statutory mandate. Int the event that public funds are unavailable and not appropriated for the performance of Lee County's obligations under this contract, then this contract shall automatically expire without penalty to Lee County thirty (30) days after written notice to Contractor of the unavailability and non-appropriation of public funds. Iti is expressly agreed that Lee County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements oft this contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. In the event of a change in the Lee County's statutory authority, mandate and mandated functions, by state and federal legislative or regulatory action, which adversely affects Lee County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to Lee County upon written notice to Contractor of such limitation or change in Lee County's legal Dispute Resolution/lurisdiction/Venue. Any dispute arising under this Agreement may be settled by mediation int the State of North Carolina in accord with: such procedures as may be available to units ofl local government under state law. No other dispute resolution procedures shall apply. Jurisdiction for any legal proceedings concerning this contract or agreement shall be in the state courts in the State of North Carolina. Venue for such No pledge of taxing authority. No deficiency judgment may be rendered against Lee County or any agency of Lee County in any action for breach of a contractual obligation under this contract. The taxing power oft the Lee County is not pledged directly or indirectly to secure any monies due under this contract. Conflict of Interest: Ift this is a contract for design, engineering, contract administration or similar services, the Contractor will not enteri into contracts or agreements with third parties that may present a potential for conflict of interest between Lee County and thet third parties regarding the subject matter of this Contract or Agreement. Compliance with E-Verify requirements: The Contractor and any of its subcontractors must comply with the requirements of Article 2 of Chapter 64 oft the North Carolina General Statutes, if applicable, which requires certain employers to verify the work authorization of each newly hired employee through the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies.  contrary, the following provisions are incorporated and shall apply, supplant and control:  authority.  proceedings shall bel Lee County.  Revised 4-9-2024  3    Divestment from companies that boycott Israel: Contractor certifies that (a) iti is not identified ont the Israel Boycott List or any other list created byt the NC State Treasurer pursuant to N.C.G.S. 147-86.80 et al and (b) it will not take any action causing it to appear on any such list during the term of the contract agreement. Iran Divestment. Act Certification. The Contractor certifies that the Contractor is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58 (the Final Divestment List) and the Contractor will not utilize any subcontractors performing work under this Contract which is listed on the Final Divestment List. The Final Divestment List can be found on the State Treasurer's website at the address and Non-Discrimination in Employment. The Contractor will not discriminate again any employee or applicant for employment because of age, sex, race, creed, national origin or disability. In the event Contractor is determined by the final order of an appropriate agency or court to bei in violation oft this provision or any non-discrimination provision of federal, state or local law, this Contract may be suspended or terminated, in whole or in part by the County. In addition, the Contractor may be declared ineligible for further contracts with the County. Indemnification: The Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees (collective, County) against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor's negligent performance of services under this Agreement and that of its subcontractors or anyone for whom the Contractor Drug-Free Workplace. During the performance of this agreement, the Contractor agrees to (i) provide a drug-free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees of the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited ini its workplace and specifying the actions that willl be taken against employees for violations of such prohibitions, (ii) state in all solicitations or advertisements for employees placed by or on its behalf that it maintains a drug-free workplace; (iv) include the provisions of thei foregoing clauses in every subcontract or purchase order of over $10,000.00 sO that the Gov Ops. Contractor acknowledges that by contracting with Lee County and receiving public funds, they may be subject to potential examination, evaluation. and investigation, including access to buildings and documents and compelled testimony, by the. Joint Legislative Commission on Governmental Operations under Section 27.10(b) of North Carolina S.L. 2023-134. Contractor acknowledges that Lee County has no control over the Commission and  should be updated every 180 days.  is legally liable.  provisions will be binding upon each subcontractor or vendor.  its activities.  fossak 7etatose  For the CONTRACTOR: For LEE COUNTY:  Title: EVPof ClientE Experience  Title: COMMISSIN CHAIRMAN  Domik  Revised 4-9-2024  4    Billing Service Agreement  This Agreement is made the 8th day of May, 2006, by and between SouthData, Inc., a North Carolina corporation, with its primary office at 201 Technology Lane, Mount Airy, North Carolina 27030 (hereinafter "SouthData") and the Lee County Tax Office located at 106 Hillcrest Drive, Sanford, North Carolina 27331 (hereinafter "Client").  1. Exclusive Provider  A. Client agrees that SouthData is the exclusive provider of property tax notices, delinquent property tax notices, vehicle tax notices, delinquent vehicle tax notices, business personal property listing, and non-business personal property listing. Other specialized mailings are available from SouthData, but are: not  covered by this Agreement. 2. Responsiblities Of SouthData  A. SouthData shall furnish, all labor, materials, equipment, quality control, and 1. Design andj printing services to create products for use by Client. ii. Computer processing services to process the billing data received from iii. Laser printing services to laser print information on the products. iv. Handling services to fold, insert into envelopes, and deliver to the post B. SouthData shall mail the printed product within 1 to 21 business day following the C. SouthData shall provide training on purchasing procedures at no additional cost. A. Client shall provide written approval of test documents as required. B. Client shall provide SouthData with sufficient information related to the format and contents of the data transmission file to allow SouthData to develop the C. Client shall provide SouthData with the billing information in an agreed upon format and with sufficient timeliness to allow SouthData to print the products F. Client shall be solely responsible for the content and information provided to SouthData. SouthData shall not be responsible for inaccuracies in billing data received from Client and compiled into the final billing format. A. Initial Account Setup - SouthData shall provide, at no charge, the initial programming and design services needed to prepare to produce the products B. Processing Fees - There are no processing fees or monthly or periodic charges for account maintenance, account availability, or online access for tracking orders. C. Minimum Run Charge - A minimum run charge applies to all orders. This is not an additional charge, but means that the minimum billing for every order is $40, D. Postage Postage is not included in the delivered price and will appear on the invoice. A postage escrow account is not required. SouthData maintains the necessary software to receive discounts for which the Client may qualify.  supervision needed to provide the following services:  Client.  office the printed products.  written acceptance of the final proof by the client.  3. Responsibilities Of Client  computer programs required to create the products. D. Client shall pay all invoices within thirty (30) days. E. Client will not be required to carry aj postage deposit.  and deliver them.  4. Charges For Service  required by this Agreement.  exclusive of postage, shipping, handling and sales tax.  Page 1of4  5    SouthData shall provide bar coding and sort the mail consistent with Postal Service standards. Until a file can be presorted, discounted postage is averages $.295 for onerounce mail and $.195 for postcards based on current rates effective January 8, 2006. Single notices will mail at the actual presort rate. Multiple E. Address Forwarding Services SouthData offers a service to get the most from your mailing. The: fee is $.01 per record with a $100: minimum and can be performed at the time the data is received for order processing. The service Delivery point verification - The DPV System assists mailers in obtaining accurate delivery address information and façilitates identification of erroneous addresses contained in mailer address files. Move Update Complance/National Change of Address NCOAlink updates name and address mailing lists with new addresses from individuals, families and businesses that have moved. Reporting ofl Move Update changes to the client - This allows the client to receive the most current address information for updating the records F. Prices For Standard Items - Shown below are the prices for proposed components i. Property Tax Notices An annual volume of 36,000 customized 8 % x1 11 statements on 24# bond paper offset printed two colors front and one color back with variable data printed in black front side only with a 3 %" remittance stub mailed in a standard #10 double windowed envelope with as standard #9 single windowed remittance envelope at $.115 each. This ii. Delinquent Property Tax Notices An annual volume of14,000 customized 8 %x11 statements on 24# bond paper offset printed two colors front and one color back with variable data printed in black front side only with a 3 %" remittance stub mailed in a standard #10 double windowed envelope with a standard #9 single windowed remittance envelope at $.118 each. This does not include postage. ili. Vehicle Tax Notices An annual volume of 60,000 customized 8 %x11 statements on 24# bond paper offset printed two colors front and one color back with variable data printed in black front side only with a 3%" remittance stub mailed in a standard #10 double windowed envelope with as standard #9 single windowed remittance envelope at $.113 each. This iv. Delinquent Vehicle Tax Notices An annual volume of 20,000 customized 8%x11s statements on 24# bond paper offset printed two colors front and one color back with variable data printed in black front side only with a 3 %": remittance stub: mailed in a standard #10 double windowed envelope with a standard #9 single windowed remittance envelope at V. Personal Property Listing - An annual volume of 6,000 customized 8 %x 11 statements on 24# bond paper - offset printed one color front and back with variable data printed in black front side only, redesigned to be mailed in a standard #10 double windowed envelope with a #9 no windowed customized return envelope with one color printed remit address at $.215 each. This does not include postage. Hole punch is an vi. Business Property Listing An annual volume of 4,000 packages including the following; Page lis a customized 8 % x11 on 24# bond paper - offset printed one color front and one color back with variable data printed in black on front and back, Page 2i is a customized 8 %x1 11  matched bills will be billed at the full First Class postage.  includes:  within their data file. oft this program:  does not: include postage.  does noti include postage.  $.118 each. This does not include postage.  additional 5.00 per thousand.  Page 2 of4  6    on 24# bond paper - offset printed one color front and one color back with no variable data, redesigned to be mailed in a standard #10 double windowed envelope with a #91 no-windowed customized return envelope with one color printed remit address at $.318 per package. This does not G. Options/Costs - SouthData has the capability to start the multiple bill matching att two bills if desired for postage savings and can include up to six bills in our i. Multiple matching service are $.03 per notice additional. ii. 9x 12 multiple envelopes used for over six statements are $.35 per H. Searchable CD's - SouthData now offers indexed, searchable, color image CD's ofr mailed documents at a cost of $.01 per record plus $15.00 for the first CD and $10.00 for each duplicate CD. Search options are available for name, account #, bill number, street address and other fields as specified by the client. 1. Carrying Inventory SouthData will carry a 61 month supply oft the base forms and will hold them in inventory for use on the products SouthData creates for the client. The Client will not be billed for these forms until ii. Obsoleting Inventory Should the client require changes, or cease using SouthData for this service, or otherwise make the form obsolete, the Client will be billed .03 per form and .02 per custom envelope for the J. Pricing Changes -The cost reflected in this proposal is based on the current cost ofraw materials. Therefore, the quoted costs are valid for 1 year. After that date, we may reserve the right to review the quoted costs in this proposal based The initial term of this Agreement shall be for two years. Subsequent to the initial term, this. Agreement shall continue in effect on a year-to-year basis with the same This Agreement: may be cancelled for a documented breach of the terms of the Agreement. The party wishing to cancel the Agreement must provide notice of cause in writing and allow the other party thirty (30) days to remedy the breach. Ifthe breach is not: remedied within the thirty-day period, a final written notice must be provided to the breaching party. The Agreement will be cancelled thirty (30) days Following the initial two year term of this Agreement, the ongoing contract may be cancelled with ninety (90) days written notice and client will acceptresponsibility for SouthData shall perform all services at its facilities and agrees not to outsource any During the term of this Agreement, SouthData shall maintain at its expense, liability, property, vehicle and workmen's compensation insurance sufficient to meet  include postage. standard #10 envelope.  envelope additional.  . Inventory  they are used to produce the client's work.  obsolete inventory.  on current market conditions.  5. Term OfAgreement  terms and conditions, subject to price changes as described.  6. Cancellation  from receipt of the final notice. any remaining inventory.  7. Outsourcing 8. Insurance  work unless authorized by Client.  the requirements of the State of North Carolina.  Page 30 of4  7    9. Independent Contractor  SouthData acknowledges that itis at all times performing as an: independent contractor. Nothing in this agreement shall constitute or be construed as a creation of Ifany part oft this Agreement is found to be invalid or unenforceable, the remaining A party's waiver ofal breach of any item oft this Agreement shall not constitute a waiver of any subsequent breach oft the same or another provision oft this Agreement. Thel laws oft the state ofl North Carolina shall govern the provisions of this  ap partnership or joint venture between the parties. parts of the Agreement shall continue in force.  10. Severability 11. Waiverability  12. Governing Law Agreement.  In Witness Whereof, the parties have caused the execution oft this instrument, by authority  duly given on the day and year first written above.  Lee County Tax Office GR1  SouthData, Inc. Rick Hunter VP of Sales  Rick ghinth  David Çouity Managet  dnf  M. Smitherman  (SEAL)  Attest:  Gaynell M. Lee  This instrument has been pre-audited in the manner required by the local government budget and  fiscalgontrol act.  Gha  Page 4of4  8    9  SouthData ANOSG COMPANY  U  SOUTHDATA PRINT AND MAIL FULFILLMENT SERVICES AGREEMENT THIS CONTRACT IS ENTERED INTO THIS 1gHlay of JULY, 2017 (hereinafter referred to as the "Contract"). The contract effective date is concurrent with the CLIENT's first live production run with SOUTHDATA or "future date", whichever date begins first within the  2017 calendar year.  WHEREAS, OUTPUT SERVICES GROUP is a company organized and existing under the laws of the State of New Jersey, having its principal place of business located at 100 Challenger Road, Suite 303, Ridgefield Park, NJ 07660, U.S.A. (hereinafter referred to as "SOUTHDATA"), and is engaged in the business of providing print and mail fulfillment and otherrelated services (hereinafter referred to as the "SOUTHDATA Services"); and WHEREAS, LEE COUNTY TAX ADMINISTRATION is a government office organized and existing under the laws of the State of NORTH CAROLINA, having its principal place of business located at 106 Hillcrest Dr., Sanford, NC 27330 (hereinafter referred to as the  "CLIENT"); and  WHEREAS, the CLIENT has agreed to engage SOUTHDATA, and SOUTHDATA has agreed to be engaged by CLIENT to provide the SOUTHDATA Services to CLIENT in  accordance with the terms oft the Contract. containcd, the parties hereto agree as follows: SCOPE OF THE CONTRACT  NOW THEREFORE, in consideration of the promises and mutual covenants herein  1.1 SOUTHDATA hereby agrees to provide the SOUTHDATA Services to CLIENT, and CLIENT hereby agrees to purchase exclusively from SOUTHDATA the SOUTHDATA  Services in accordance with the terms and conditions provided herein.  1.2 Unless otherwise agreed by the parties, the SOUTHDATA Services to be provided by SOUTHDATA shall consist of the print and mail fulfillment and related services  described in Appendix A attached hereto.  1.3 During the term of this Contract, the CLIENT agrees to produce a minimum yearly quantity of 50,000 invoices ("Minimum Commitment") for a period of 60 months, based    upon the rates and terms provided herein.  PRICINGAND BILLING  2.1 The prices and compensation to be paid by CLIENT to SOUTHDATA for the SOUTHDATA Services shall be in accordance with the amounts provided in Appendix B hereto  (the SOUTHDATA Prices").  2.2 The SOUTHDATA Prices set forth in Appendix B shall remain unchanged fora period oftwelve (12) months from the date oft this Contract (the "Initial Pricing Period"). Following the termination oft the Initial Pricing Period and at the end ofevery subsequent twelve month pricing period (collectively the "Pricing Periods"), notwithstanding anything to the contrary contained in this Agreement, SOUTHDATA in its sole discretion shall have the right, to increase SOUTHDATA Prices contained in Appendix B for the "Affected items" during the Pricing Period by the greater of5.0% or the change in the Consumer Price Index All Urban Consumers, U.S. city average, base period 1982-84 ("CPI") as reported for the most recently  completed Pricing Period.  2.3 The SOUTHDATA Prices may be revised and amended at any time by the parties hereto in a written amendment signed by each of the parties, in accordance with the terms  prescribed herein.  2.4 Any and all invoices and bills for SOUTHDATA Services, including, but not limited to processing fees, and any costs and expenses, shall be due and payable by the CLIENT  tos SOUTHDATA within 30 days of receipt.  2.5 During the term of this Contract and any renewals thereof, CLIENT shall be responsible for the payment of any and all applicable federal, state, and local taxes, including, but not limited to sales, excise, use and taxes. Exemption from tax payment will be allowed upon the presentation of written proof fofexemption and a valid tax exemption number.  2.6 All invoices shall be payable to SOUTHDATA in the form of cash, or check made payable to "SouthData" at 201 Technology Lane, Mount Airy, NC 27030, or by electronic funds transfer to SOUTHDATA in accordance with written electronic transfer instructions provided by  SOUTHDATA to the CLIENT.  2.7 In the event that the CLIENT defaults upon or fails to make any payment as scheduled, SOUTHDATA shall have the right to immediately cease any and all  production for the account oft the CLIENT.  2    1  COSTS. AND. EXPENSES  3.1 CLIENT shall be responsible for the payment of all costs and expenses incurred by SOUTHDATA, including, but not limited to expenses for: postage, shipping, freight, paper, electronic forms, envelopes, flats and other required supplies in connection with providing the  SOUTHDATA Services in accordance with the terms ofthis Contract.  3.2 Payment for any of the foregoing costs and expenses shall be made in accordance with paragraph 2.61 herein. In addition, CLIENT shall establish a Postage Account in the name of, and for the benefit of SOUTHDATA, with SOUTHDATA if postage costs for an order placed are equal to or more than $30,000. A postage deposit equaling one (1) month of estimated postage is required and shall be due and payable two (2) weeks prior to the first scheduled production run. Invoices for costs and expenses for postage, shipping and freight shall be billed to CLIENT, and payment may be made to SOUTHDATA from the Postage Account. SOUTHDATA reserves the right to monitor the Postage Account and to increase or decrease the  required deposit by CLIENT at the sole discretion of SOUTHDATA.  REPRESENTATIONS AND WARRANTIES  4.1 SOUTHDATA and the CLIENT jointly and severally represent, warrant and agree as (a) they have the full legal right, power and authority to enter into this Contract and to (b) that in exccuting and delivering this instrument, they do sO freely and voluntarily, with full legal competency to the best of their knowledge, having received adequate independent legal advice from legal counsel, if desired, and under no duress, pressure or coercion which could negate or adversely affect the intentions (c) that this Agreement, and each and every covenant, promise, representation, warranty and agreement herein, shall be fully binding upon and shall inure to the benefit of the respective heirs, successors, representative, assigns, parents,  follows:  consummate all of the transactions contemplated herein;  ofthe parties as expressed herein; and  subsidiaries and other affiliates, of each party hereto.  4.2 Thc CLIENT acknowledges and agrees that any and all data, documents and information provided by SOUTHDATA to the CLIENT, including, but not limited to computer software programs, computer data and information, and other proprietary information, are and shall  remain the sole and exclusive popetyofsOUTHDATA. RELATIONSHIP BETWEEN THE. PARTIES  5.1 Itis acknowledged and agreed that SOUTHDATA shall not be considered an agent, cmployee or representative of the CLIENT. SOUTHDATA shall not act on behalf of the  3    2  CLIENT, except as otherwise agreed upon herein. Nothing herein shall be construed in any way to constitute a partnership, joint venture, agency or any other special relationship between SOUTHDATA and the CLIENT, nor is it the intention of the Parties to establish any such  relationship.  5.2 Neither SOUTHDATA nor the CLIENT is granted any express or implied right or authority to assume or to create any obligation or responsibility on behalf of, or in the name ofthe other, or to bind the other in any manner or thing whatsoever, without the prior written  approval ofa duly authorized representative oft the other.  5.3 The Parties shall each use reasonable efforts to take all actions as the other may from time to time reasonably request and to otherwise cooperate with the other in order to avoid or minimize any delay or impairment of the performance of the other's obligations under this  Contract.  CONFIDENTIALITY  6.1 Except as provided herein, SOUTHDATA, its employees, agents and representatives shall use reasonable care to preserve the strict confidentiality of all information obtained from the CLIENT, including but not limited to any customer lists and information, financial data or other information designated in writing by the CLIENT as proprietary  information ("Client Information").  6.2 Except as provided herein, the CLIENT, its employees, agents and representatives shall use reasonable care to preserve the strict confidentiality of all information obtained from SOUTHDATA, including but not limited to any operating programs, computer programs, data or other information, and other information designated in writing by SOUTHDATA as proprietary infonmation (the SOUTHDATA Information")(the Client Information and the SOUTHDATA Information shall be referred to collectively as the Confidential Information").  6.3 Neither party shall use the Confidential Information for any purpose other than the performance of that party's obligations hereunder nor disclose such information to any third party, without the prior written consent of the other party hereto; provided, however, that the obligation to keep the Confidential Information confidential shall not be applied to information  and data that:  (a) is already lawfully in the possession of the disclosing party, and is not subject to (b) is or hereafter becomes a matter of public knowledge or is available in the public (c) is thereafter acquired lawfully from a third party who is not subject to any  any confidentiality provisions;  domain independent of any disclosure by the disclosing party;  confidentiality provisions; or  (d) the disclosing party is legally obligated to disclose.  TERM    3  7.1 This Contract shall come into effect immediately as of the date of execution hereof by both parties, and shall remain in force for aj period of12 months, except as provided for herein. Automatic one (1). year renewals will follow the initial 12 month period.  TERMINATION 8.1  Either SOUTHDATA or CLIENT may terminate this Contract with regard to its  respective obligations hereunder at any time by giving the other party written notice of such  termination, upon the occurrence ofa any oft the following:  (a) any material breach of any of the terms or conditions hereof having been committed by either party, if the breaching party fails to remedy such breach within thirty (30) days after receipt of written notice thereof from the non-  breaching party; or  (b) the bankruptcy or insolvency of either party, including, but not limited to any of the following: assignment for the benefit of creditors, inability to pay debts when due, commencement of procedures for compulsory reorganization, and manage- ment or significant assets or property being involuntarily taken over in whole ori in  part by any governmental office, agency or authority; or  (c) the mutual consent of the CLIENT and SOUTHDATA to terminate this Contract. (d) CLIENT may terminate with no cause and at least thirty (30) days written notice 8.2 Nothing herein shall be construed to limit or otherwise affect the rights and remedies ofs SOUTHDATA or the CLIENT at law or in equity under this Contract, or in the event  that the CLIENT terminates this Contract.  8.3 In the event of termination of this Contract by either party, the rights and obligations of each party hereunder shall cease, except the obligation of the CLIENT to pay to SOUTHDATA any accrued but unpaid compensation or expense reimbursement. In addition, each party shall promptly return any and all data, information, programs, materials, and other property held by it in connection with the performance of its obligations hereunder, and the confidentiality provisions defined in paragraphs 7.1, 7.2 and 7.3 herein shall remain in full force  and effect for a period ofo one (I): year.  NOTICES  9.1 All notices or other communications between the Parties hereunder shall be in writing, and shall be delivered, or sent via first class mail and/or email transmission to the  following addresses:  5    4  SOUTHDATA 201 Technology Lane Mount Airy, NC 27017 800-549-4722 Attn: Loren De Leon delcon@southdata.com  Lee County Tax Administration 1061 Hillcrest Dr Sanford, NC27330  9.2 Any party may change its address at any time by giving notice thereof to the other 9.3 Notices sent via first class mail shall be deemed to have been given at the time when mailed, enclosed in a registered or certified, postage pre-paid envelope addressed to the party at the respective addresses set forth in this Contract, or to such other address which may have been fixed by notice, provided, however, that any change of address shall be effective only upon  parties in the manner provided in this Article.  receipt.  9.4 Notices sent via facsimile shall be deemed to have been given at the time when return confirmation of the said facsimile transmission shall be received by the party providing  notice.  DISPUTE RESOLUTION  10.1 In the event that a dispute arises between or among the Parties directly or indirectly arising out of or concerning the meaning or interpretation of this Contract, the Parties shall first  attempt to settle such dispute through friendly discussion.  10.2 Any arbitration proceeding shall be conducted within the state of North Carolina, in accordance with the procedural rules of the American Arbitration Association. The decision of the arbitrator may be appealed to a court of competent jurisdiction in accordance with the laws of  the state ofl North Carolina.  CONFLICTS OF INTEREST  11.1 The CLIENT acknowledges and agrees that it shall obtain the SOUTHDATA Services or similar services exclusively from SOUTHDATA. The CLIENT shall not directly or indirectly enter into any contracts with persons who are in direct competition with SOUTHDATA for the purposes of providing the same or similar services as the SOUTHDATA  Serviccs without the prior written consent of SOUTHDATA.  6    GOVERNINGLAW  12.1 This Contract shall be construed in accordance with and governed by the laws of  the State ofNorth Carolina.  MODIFICATIONANDASSIGNMENT  13.1 This Contract may not be modified or terminated orally and no modification, termination or alteration shall be valid unless in writing signed by the party against whom  enforcement iss sought.  13.2 Neither party shall assign any ofi its rights or obligations, or this Contract in whole or in part, to a third party without obtaining the express, prior written consent oft the other party, which consent may be withheld for any reason whatever, and any attempted assignment by either party without such prior written consent will be ineffective and will constitute a breach of this  Contract.  ADDITIONAL DOCUMENTS  14.1 The Parties shall execute all additional Contracts and instruments that may be reasonably required in order to carry out the purposes and intent of this Contract and to fulfill the  obligations oft the Parties hereunder. COUNTERPARTS  15.1 This Contract may be executed in any number of counterparts, each of which shall  be deemed an original and shall be fully binding and effective.  ENTIRE CONTRACT  16.1 This document constitutes the entire agreement between the Parties relating to the SOUTHDATA Services, and the Parties agree that there are no other understandings or Contracts  between them whatsoever relating to the SOUTHDATA Services.  HEADINGS  17.1 The headings used in this Contract are for convenience only and shall not be used  toi interpret or construe any ofi its provisions.  SOUTHDATA  Lee County Tax Administration Rg  Byy 7    APPENDIXA STATEMENT OF WORK  SOUTHDATA Control Standards I. - Inventory Controls A. C. Itemsi included are: 1. 2. 3. Il. Input Controis A. number) B. Processing commences: 1, 2. C. Pre-production sampling is alignment, etc.  Inventory controls are maintained by SOUTHDATA. B. Paper and Envelope stock willl be supplied as part of the SOUTHDATA  packaged services  24lb. OCRI bond 8 'x 11 micro perforated paper #1 10 double window envelope #9b business reply envelope  Successful transmission is indicated when system provides user with 8 digit number Page and invoice counts are verified against customer counts Addresses are verified for deliverability and  (ticket  from on- line work order messages,  postal coded for presort mail discounts  performed to check the accuracy of thei invoice dates,  D. Once all input controls are verified, the filei is scheduled for A. High Speed Inkjet Printers are utilized within SOUTHDATA's  mI. Printing Controls  production  B. Throughout the printing process: C. Reprint any invoices via account recovery D. Provide accurate workflow tracking throughout program the Pre-production machine inspection insures proper material Verify control totals to ensure. all printed "Intelligent" inserters electronically monitor pages insertion and Postage totals are verified after each mailing Ability to monitor piece, set, and: set to set integrity Verify all totals prior to release to the post office Friday, excluding holidays.  Customized Workflow System mailing information  1. 2.  Monitor print quality and outputs sequences. Final review of output, and verification of presort  IV. Inserting Controis A. B. C. D. E. F. A. B. C.  process are inserted use  foldingi integrity through out  V. Turnaround Commitments  Orders willl be printed and mailed within 48 hours following client approval of final  proofMonday  Graphic changes can require 3 - 5 business to complete. Programming changes can require 10-1 15 days days to complete.  VI, Volume Considerations VI. Reports A.  A. The Client has estimated an average of 10,000 annual assessment notices and 40,000  property tax notices tol be printed and mailed.  annual  Enor Standardization Report is included in the NCOA costs. The file will be  inTXT format.  supplied via website  642199.1 7:5/17 4:20PM    Printing  Price $0.20  Description  Personal Property Listing Approx. 6,000 annually Business Property Listing Approx. 4,000 annually Property Tax Notice Approx. 40,000 annually Delinquent Tax Notice Approx. 5,000 annually Extral Page Householding Changes setup  Inkjet printing, 8.5x11 statement, duplex, color, with ai #10 double window outer envelope, customremit envelope, 24lb. Inkjet printing, 8.5 x 11 statement, duplex, color, with a custom #10 outer envelope, custom remit envelope, 24lb.  microperfed paper, folding, inserting. microperfed paper, folding, inserting. microperfed paper, folding, inserting. microperfed paper, folding, inserting.  $0.28  $0.115 Inkjet printing, 8.5x11 statement, duplex, color, withat #10  standard outer envelope, #9 standard envelope, 24lb. Inkjet printing, 8.5x11 statement, duplex, color, witha# #10 standard outer envelope, #9 standard envelope, 24lb.  $0.118 $0.04 $0.03  Inserts statements with the same name and address into  asingle outer enveiope.  Programming Changes after initial $125/hr. Graphic Changes after initial setup $65/hr.  Other NCOA Annual Fee File delivery via DVD Postage provided at cost byt the  $100 Covers all records submitted and error code reports.  $50  USPS  642199,1 7517 4:20PM    8  SouthData  Lee County Tax. Administration  4at  By: Name:  Southard President Sales  sbe  Title: Vice  ohlayplar Title: Caplytr  Date: 7-18-17  Date: 7-/-/7  642199.1 7/5/17 4:20PM    AMENDMENT NO.2TO The SouthData Print & Mail Services Contract This Amendment No. 2 (the Amendment") is effective as of] July 19, 2023 ("Amendment Effective Date") and amends the Service Contract (the "Contract") between SouthData, Inc., including its subsidiaries and other affiliated entities and Lee County Tax  Administration ("CLIENT") effective. July 18, ,2017.  WHEREAS SOUTHDATA and CLIENT desire to amend their Contract in the WHEREAS, capitalized terms used but not otherwise defined in this amendment (the "Amendment") shall have the same meanings respectively ascribed to them in the NOW, THEREFORE, in consideration of the mutual promises, covenants, and Contracts made and contained! herein, and intending to be legally bound hereby, the Parties  manner set forth herein.  Contract; and  hereto agree as follows:  1. The following section is deleted and replaced in its entirety as follows: 2. TERM (Section 7.1)The' Term oft this Contract for Services is from 7.19.2023 to 7.18.2024 unless sooner terminated as provided herein. Thereafter, and ifneither party has terminated the Contract prior to expiration, the Contract will renew for periods ofc one (1): year or until either party terminates the Contract according to the provisions herein, For the Term of thei initial one (1): year the CLIENT agrees to aj price increase of fifteen percent (15%) reflected in the unit pricing listed below. Ifthe CLIENT awards and continues service for the EverView payment platform service, SOUTHDATA will lower the price increase on the listed items below to five  percent (5%).  Personal Property Tax Notice Debt Setoff Letter Real Property Tax Notice Property Tax Reminder Property Assessment Value Notice 0.1863 Miscellaneous Image Lee County Tax Administration Business Property Listing Lee County Vehicle GAP Bill Property Assessment Value Notice 0.1863 Unlisted Business Property Letter 0.2346  0.1426 0.1363 0.1426 0.1300 0.0748 0.0748 0.3450 0.1426  1  19    Unlisted Personal Property Letter 0.1484 Advertise Notice/Del. Property Personal Property Listing  0.1442 0.2473  3. When signed by an authorized signatory ofThe CLIENT, the new pricing will 4. All other terms oft the Contract shall remain unchanged by this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 as of the  result in a waiver ofrecovery surcharges.  Amendment Effective Date by their duly authorized: representatives.  EverView By: Name: Joseph  Lee County: Pawdmimistratiorr Kmp-snilie Name:. KIRK D- SMuTH CHAMMANS Date: 25Ju40033  By:.  Tetstone  Title: Executive Vice President Date: 7/25/23  Title:.  This instrument has been preaudited int the manner required by the Local Government Budget and Fiscal ContractA Act. Oadau Ruman Finance Officer, Lee County  2  20    - tyler lechnologies  AMENDMENT  This amendment "Amendment") is effective as of the date of signature of the last party to sign as indicated below "Amendment Effective Date"), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 ("Tyler" or "Contractor") and Lee County, North Carolina, with offices at 106 Hillcrest Drive, Sanford, North Carolina 27331 ("Client" or "Lee County" or "County"). WHEREAS, Tyler (through its predecessor Computer Center Software) and Client are parties to an WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein. NOW-THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree  original agreement dated February 28, 1997 ("Agreement')and  as follows:  Tylers shall provide maintenance services to Client's Tax Department, as specifiedi in the Agreement and Tylersthen-current support call process, for the Tyler Software listed, and during the period indicated, ini the proformas attached hereto as Exhibit 1. 2. Fort those maintenance services provided to Client's Tax Department, Client shall remit to Tyler maintenance fees ini the amount set forth in Exhibit 1. Tyler reserves the right to suspend Client access to maintenance services int the event Client fails to pay undisputed maintenance 3. Maintenance services will renew automatically for additional one (1) year terms at Tyler's then-current maintenance fees unless terminated in writing by either party at least fifteen (15) 4. This Amendment shall be governed by and construed in accordance with the terms and 5. Except as expressly indicated in this Amendment, all other terms and conditions of the IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth  fees within thirty (30) days of the payment due date.  days prior to the end of the then-current term.  conditions of the Agreement.  Agreement shall remain inf full force and effect.  below.  Tyler Technologies, Inc. By: Name: Title:_ Date:  Lee County, North Carglina mbnite Name: KIRKD. SMITH Title: COMMISSION CHAIDMAN Date:_ 15 Juuya0a4 Thisi instrument has been preaudited int the manner required by thet Local Budget and Fipçal Control) soyempylér Aet Cardaccnus Finance Officer, Lee County  By:  1  2    Exhibit 1  tyler  technologies  Exhibit 1  Amendment Investment Summary  The following Amendment Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Amendment Investment Summaryi is effective as of the Amendment Effective Date. Capitalized terms not otherwise defined willl have the meaning assigned  to such terms in the Agreement.  REMAINDER OF PAGE INTENTIONALLYLEFT BLANK  % tyler  1  3    Remittance Tyler Technologies, Inc. (FEIN 75-2303920) P.O. Box 203556 Dallas, TX 75320-3556 Tyler Technologies ERP & Schools Phone: 1-800-772-2260 Press 2, then 1 Fax: 1-866-673-3274 Fmail arfitvierterh cam  THIS IS NOT AN INVOICE  PROFORMA 203200 01/17/2024  tyler technologies  Company Order No. Date 045  Page 1of1  Empowering people who serve the public" Questions  To: LEE COUNTY TAX DEPARTMENT 106 HILLCREST DRIVE SANFORD, NC27331 United States  Ship To: LEE COUNTY TAX DEPARTMENT  106 HILLCREST DRIVE SANFORD, NC: 27331 United States  Customer Grp/No. 2005 No. Item! Description/ Comments Contract No.: LEE COUNTYTAX Renewal: 2 Renewal:  Customer PO#  Payment Terms Net30 Drop Ship #Users No 1 No No No No No  Currency Code USD Quantity U/M 1 EA 1 EA  Ship Via  Salesperson Cd  Unit Price Disc % Total Cost  3,500.00 .00 0.00 00 20,133.11 .00 2,490.34 00 3,130.74 00 1,650.00 00  3,500.00 0.00 20,133.11 2,490.34 3.130.74 1,650.00  MUNIS ONLINE CITIZEN SELF SERVICE SUPPORT& UPDATE LICENSING-  Maintenance Plan: : Start: 09/05/2024, End: 09/04/2025; Term: 12n months Maintenance Plan: : Start: 09/05/2024, End: 09/04/2025; Term: 12 months Maintenance Plan: : Start: 09/05/2024, End: 09/04/2026; Term: 12 months Maintenance Pian: : Start: 09/05/2024, End: 09/04/2025; Term: 12 months SUPPORT & UPDATE LIÇENSING- ACCOUNTS RECEIVABLE Maintenance Plan: : Start: 09/05/2024, End: 09/04/2025; Term: 12 months TYLER UNLIMITED CLIENT ACCESS MAINTENANCE Maintenance Plan: : Start: 09/05/2024, End: 09/04/2025; Term: 12months  Renewat: Renewal: Renewal: Renewa!:  EA EA EA 1 EA  SUPPORT&L UPDATE LICENSING- TAXI BILLING SUPPORT: & UPDATE LICENSING- MUNIS OFFICE  Renewal.  No  1 EA  3,096.65  00  3,096.65  TYLER SYSTEM MANAGEMENT SERVICES! SUPPORT Maintenance Plan: : Start: 09/05/2024, End: 09/04/2025; Term: 12 months  Does not include any applicable taxes  Order Total:  34,000.84  Comments: Upon acceptance please email vour purchase order to PO@tylertech.com  4    CONTRACT ADDENDUM FOR CONTRACTS WITH ANY DEPARTMENT OF LEE COUNTY GOVERNMENT  CONTRACTOR: COUNTY DEPARTMENT: SUBJECT OF CONTRACT: DATE/TERM OF CONTRACT:  Notwithstanding any provision contained in the above referenced Contract or Agreement which may be to the Non-appropriation clause. Contractor acknowledges that Lee County is ag governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Lee County's obligations under this contract, then this contract shall automatically expire without penalty to Lee County thirty (30) days after written notice to Contractor oft the unavailability and non-appropriation of public funds. Iti is expressly agreed that Lee County shall not activate this non-appropriation provision fori its convenience or to circumvent the requirements oft this contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. Int the event of a change in the Lee County's statutory authority, mandate and mandated functions, by state and federal legislative or regulatoryaction, which adversely affects Lee County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to Lee County upon written notice to Contractor of such limitation or change in Lee County's legal Dispute Resolution/lurisdiction/Venue. Any dispute arising under this Agreement may be settled by mediation in the State of North Carolina in accord with such procedures as may be available to units of local government under state law. No other dispute resolution procedures shall apply. Jurisdiction for any legal proceedings concerning this contract or agreement shall bei in the state courts int the State of North Carolina. Venue for such No pledge of taxing authority. No deficiency judgment may be rendered against Lee County or any agency of Lee County in any action for breach of a contractual obligation under this contract. The taxing power of the Lee County is not pledged directly or indirectly to secure any monies due under this contract. Conflict of Interest: Ifthis is a contract for design, engineering, contract administration or similar services, the Contractor will not enteri into contracts or agreements with third parties that may present a potential for conflict ofinterest between Lee County and the third parties regarding the subject matter oft this Contract or Agreement. Compliance with E-Verify requirements: The Contractor and any of its subcontractors must comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, ifapplicable, which requires certain employers to verify the work authorization of each newly hired employee through the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies.  contrary, the following provisions are incorporated and shall apply, supplant and control:  authority.  proceedings shall be Lee County.  Revised 4-9-2024  5    Divestment from companies that boycott Israel: Contractor certifies that (a) iti is noti identified on the Israel Boycott List or any other list created byt the NC State Treasurer pursuant to N.C.G.S. 147--86.80 et al and (b) it will not take any action causing it to appear on any: such list during the term of the contract agreement. Iran Divestment Act Certification. The Contractor certifies that the Contractor is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58 (the Final Divestment List) and the Contractor will not utilize any subcontractors performing work under this Contract which isl listed on the Final Divestment List. The Final Divestment List can bet found on the State Treasurer's website at the address and Non-Discrimination in Employment. The Contractor will not discriminate again any employee or applicant for employment because of age, sex, race, creed, national origin or disability. In the event Contractor is determined by the final order of an appropriate agency or court to bei in violation of this provision or any non-discrimination provision of federal, state or local law, this Contract may be suspended or terminated, in whole or in part by the County. In addition, the Contractor may be declared ineligible for further contracts with the County. Indemnification: The Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees (collective, County) against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, tot the extent caused by Contractor's negligent performance of services under this Agreement and that of its subcontractors or anyone for whom the Contractor Drug-Free Workplace. During the performance of this agreement, the Contractor agrees to (i) provide a drug-free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees of the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited ini its workplace and specifying the actions that willl be taken against employees for violations of such prohibitions, (ili). state in all solicitations or advertisements for employees placed by or on its behalf that it maintains a drug-free workplace; (iv)i include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00 so that the Gov Ops. Contractor: acknowledges that by contracting with Lee County and receiving public funds, they may be subject to potential examination, evaluation and investigation, including access to buildings and documents and compelled testimony, by the. Joint Legislative Commission on Governmental Operations under Section 27.10(b) of North Carolina S.L. 2023-134. Contractor: acknowledges that Lee County has no control over the Commission and  should be updated every 180 days.  isl legally liable.  provisions will be binding upon each subcontractor or vendor.  its activities.  For the CONTRACTOR: For LEE COUNTY:  Title:  ha  2 2  tu  Title: Bonmo CHAIDMAL  Revised 4-9-2024  6    AN. AGREEMENT BETWEEN  COMPUTER CENTER SOFTWARE and LEE COUNTY FOR THE PURCHASE, AND THE LICENSING OF APPLICATION SOFTWARE PRODUCTS  Agreement made this  day of February, 1997 between COMPUTER CENTER SOFTWARE, a Maine Corporation, with offices at 370 U.S. Route 1, Falmouth, Maine 04105, (Seller), and the LEE COUNTY, with its principal offices at 1061 Hillcrest Drive, Sanford, NC 27330(Buyer).  I.SCOPE  Subject to the terms and conditions set forth herein, the Buyer agrees to buy and/or accept license from the Seller and the Seller agrees to sell and/or grant license to the Buyer, the products and related  services described in Exhibit 1, attached.  I. LICENSES  Ownership of the Software products listed in Exhibit 1 shall remain with the Seller, the Seller grants License to the Buyer to use these products according to the terms of the Buyer's Licensing Agreement  (Exhibit 2). IIL PRICE  The total financial obligation ofthe Buyer to the Seller for the delivery of the software products listed inj Exhibit 1 shall be $99,840 (Ninety-nine Thousand, Eight Hundred Forty). The price shall be payable by the Buyer to the Seller as provided in Section IV hereof. All applicable sales tax, use tax or excise tax shall be paid by the Buyer and shall be paid over to the proper authorities by the Buyer or reimbursed by the Buyer to the Seller on demand in the event that Seller is responsible or demand is made on the Seller for the payment thereof. Iftax exempt, Buyer must provide the Seller with their tax Additional related services not specified on Exhibit 1, will be billed at the then current rate for the  exempt. number or form. service, as they are incurred.  IV.PAYMENT AND. ACCEPTANCE  Upon acceptance and signing ofthis Agreement, Buyer will remit to Seller an initial deposit of$24,960 (Twenty-four Thousand, Nine Hundred Sixty) which represents 25% of the Purchase Price listed in Exhibit 1. In return for this deposit, the Seller will provide Buyer a tape of the software applications listed in Exhibit 1 tol be held by Buyer until which time as the full system can bei installed. A second payment of $49,920 (Forty-nine Thousand, Nine Hundred Twenty) which represents 50% of the Purchase Price, will made upon delivery and installation of the software applications listed in  Exhibit 1.  7    Seller will certify to Buyer when each group ofproducts or modules is complete. This certification will start a thirty (30) day acceptance period, during which Buyer will be responsible for testing the products delivered. By the end ofthe acceptance period, the Buyer will remit to Seller a payment equal to 25% of the value of the group of products or modules which have been completed. Ifduring the thirty (30) day acceptance period, Buyer fails to notify Seller in writing ofanyi items which do not meet Acceptance will require that the phase of the system has been delivered, installed and performs in accordance with the Sellers Specifications. For the purpose oft this agreement Specifications" shall be defined as the written descriptions found in the Seller's proposal to the Buyer, the Seller's marketing material and the user manuals for the current revision of the software. The Buyer shall have at its option and expense, the right to submit to the Seller requests to have specific routines or programs demonstrated. Such requests shall be submitted in writing seventy-two (72) hours prior to the  acceptance, acceptance will be deemed to have been granted.  requested demonstration to allow for related files to be built and installed.  V.WARRANTIES OF SELLER  A) Seller warrants that all Software products delivered under this Agreement be free from defect in materials or workmanship and further agrees to correct promptly and without additional charge any defect that it is notified of within 90 days after the installation of the Software After the initial three month period, this warranty will continue to remain in effect as long as the Buyer maintains a current Soflware Support Agreement with the Seller and under such agreement or extension thereof, Seller will correct any defect promptly and without additional The Buyer acknowledges that this warranty is limited to Software products installed and used on the Buyer's computer system listed in Exhibit 2. Buyer further acknowledges that modifications made to the software programs by the Buyer will void Seller's warranty of the  products.  charge.  programs, unless specifically stated and approved in writing by the Seller.  B) The Seller warrants that it is, and at all relevant times will be, authorized by the manufacturer of all software: included with or used by the software products, listed in Exhibit 1, tog grant licenses  ors sublicenses to such software.  C) The Seller warrants that the Software and Software products do not infringe any patents, copyright, trade secret, or other property rights held by any other person or entity. D) The Seller's obligation for breach of warranty shall include correction or replacement of the  software product which fails to conform to such warranty.  Ini no event shall the Seller be liable for special, incidental, or consequential damages including any damages resulting from loss ofu use, or loss of data arising out of or in connection with the  use ofthe software or hardware products.  8    Ini no event shall the Seller be liable for any breach of warranty unless notice thereofis given to the Seller within three months after acceptance oft the Software products of the Buyer or within the period covered by a current Software Support Agreement or extension thereof.  E) The Seller shall defend, indemnify and hold harmless the Buyer and its officers, agents, and employees from any claim or proceedings brought against the Buyer, and from any cost damages and expenses finally awarded against the Buyer, which arise as a result of any claim that is based on an assertion that the Buyer's use of the Software products under this Agreement constitutes an infringement of any United States or other patent, copyright, trade secret, trademark, or other property interest rights, provided that the Buyer notifies the Seller promptly of any such claim or proceeding and gives the Seller full and complete authority, information, and assistance to defend such claim or proceeding and further provided that the Seller shall have sole control of the defense of any claim or proceeding and all negotiations for its compromise or settlement, provided that the Seller shall consult with the Buyer regarding In the event that the Software products are: finally held to bei infringing and its use byt the Buyer ise enjoined, the Seller shall, at is election; (I) procure for thel Buyer the right to continue use the software products; (2) modify or replace the Software products sO that it becomes non- The Seller shall have no liability hereunder if the Buyer modified the Software products in any manner without the prior written consent ofthe Seller and such modification is determined bya court ofc competent jurisdiction tol be a contributing cause ofthei infringement. The foregoing states the Seller's entire liability, and the Buyer's exclusive remedy, with respect to any claims of infringement of any copyright, patent, trade secret, trademark, or other property interest rights by the Software products, or any part thereof, or use thereof. F) The warranties contained int this Section arei in lieu ofa all other warranties, expressed or implied. The Seller's expressed warranties shall not be enlarged, diminished or affected by, and no obligations or liabilities shall arise out of, the Seller's rendering oftechnical or other advice or  such defense.  infringing.  service in connection with the products listed in] Exhibit 1.  VL CONFIDENTIALIY  Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities. Each party agrees that it will not disclose any confidential information oft the other party and further agrees to take appropriate action to prevent such  disclosure by its employees or agents.  9    Itis further acknowledged that complaint issues relating to the products listed on Exhibit 1 oft this Agreement may directly involve personnel of both parties, therefore any initial meeting to discuss complaints resulting from the performance of the products covered in this Agreement will oçcur in a  closed session.  VII. CANCELLATION OR MODIFICATION oras otherwise provided in this Agreement.  This Agreement may not be canceled or modified except by the written mutual consent of both parties  VIII. SEVERABILITY  Ifany term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, bei invalid or unenforceable, the remainder ofthis Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of this Agreement shall be  valid and enforced to the fullest extent permitted by law.  IX. NOTICES  All notices required or permitted to be given hereunder shall bei in writing and shall be delivered in hand or sent by first class mail, postage prepaid, to the parties at the following addresses or other such address or addresses as to which a party shall have notified the other party in accordance with this  Section: Ifto Seller: John S. Marr, Jr. Computer Center Software 370U.S. Route One Falmouth, ME 04105  Iftol Buyer: Lesa Price Lee County 1061 Hillcrest Drive Sanford, NC 27330  X. ENTIRE AGREEMENT  This Agreement represents the entire agreement of the Buyer and the Seller with respect to the hardware and software products and related services and supersedes any prior agreements,  understandings and representations, whether written or oral.  10    XI. GOVERNING LAW  This Agreement shall be govered by and construed in accordance with the laws oft the State ofl North  Carolina and shall take effect as an instrument under seal.  IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals  effective. as ofthe date first set forth. above.  Seller:  Buyer: Lee County  Computer Center Software Vicél President, 2  By:  Byiuk_Gm Name: William K. Cowan Title:_ County Manager  11    EXHIBIT1 MUNIS SOFTWARE General Ledger Budgeling Accounts Payable Applicant Tracking Payroll Personnel Project/Grant Accounting Fixed Assets Purchasc Orders Requisitions/Quotes Inventory N.C. Sales Tax Reimburscment E.I.S. Software MUNIS" TOTALS SYSTEM SOFTWARE INFORMIX Standard Engine Runtime 4GL-RDS! Runtime - IQ- Report Writer SYSTEM SOFTWARE TOTAL 10,540 SERVICES Implementation Support Consulting Std. Conversion MUNIS Installation SERVICES TOTAL SYSTEM TOTALS MUNIS" SOFTWARE SYSTEM SOFTWARE SERVICES GRAND TOTAL  DAYS 18,000 7 Inc. Inc. Inc. Inc. 2,000 2 4,000 6 3,000 2 3,900 2 4,500 2 4,500 2 3,900 2 4,500 2 1,500 1 1,500 I 51,300 29 2,170 16 1,870 16 6,500 N/A 34 4  DAYS 1 Inc. Inc. 0 1 1 0 0 1 0 0 0 3seats 4 DAYS 5 600 800  EXT.' 3,000 3,000 3,600 1,200 2,400 1,800 1,800 N/A N/A N/A N/A 16,800  STD. 3,000 1,200 1,800 1,200 1,200 1,200 1,800 N/A N/A N/A N/A 11,400  ANNUAL 2,700 600 600 450 585 675 675 585 675 225 150 7,920 ANNUAL MAINT 260 220 1,275 1,755  PRICE TRAIN. CONSULT. CONVER. CONVER. MAINT.  PRICE USERS TRAINING  PRICE #DAYS PER/DIEM  20,400 3,200 11,400 3,000 N/A 38,000 ANNUAL PRICE MAINT 51,300 7,920 10,540 1,755 38,000 99,840 9,675  We have quoted the Standard Conversion cost instead of the extended conversion.  12    EXHIBIT2  LICENSE. AGREEMENT FOR MUNIS SOFTWARE  Agreement is made this One; Falmouth, Maine 04105.  day ofFebruary, 1997 by and between the LEE COUNTY, 106 Hillcrest  Drive, Sanford, NC 27330, (Licensee), and Computer Center Software (Licensor), 370 US Route The headings used in the Agreement are for reference purposes only and shall not be deemed a part of  this Agreement.  Now, therefore, the Licensor and Licensee agree. as: follows:  1. Term of Agreement  This Agreement is effective as ofthe date ofs software installation and shall remain in force until 90 days from installation. The terms and conditions of this License shall then continue sO long as  Licensee maintains a current License and Support Agreement with thel Licensor.  2. Grant ofLicense  Licensee is hereby granted the non-exclusive and non-transferable license and right to use the Revision of MUNIS 4GL Licensed Programs listed in Section 3, and related materials, during the term specified above. This Liçense will also cover any additional revisions which Licensor may release during the term ofthis Agreement. The Licensor agrees to extend and the Licensee agrees to accept a license subject to the terms and conditions contained herein for the MUNIS software  products identified herein. 3. Defined Categories:  License fees are based on defined category levels. Placement within a category is based on the size of the organization serviced and measured by such factors as operating budget, number of employees, and the number of bills generated for utilities or taxes. This license is granted at the  following category level(s): Group of Applications Payrol/Personnel All Remaining Applications  Category C B  Revision 4.61 4.61  13    4. Limited Use  The software products listed are licensed for use only for the benefit oft the Licensee listed in this Agreement. This license is registered for the Licensee's HP9000-D310 computer system. As long as a current License and Support Agreement is in place, this License may be transferred to any other hardware system used for the benefit ofLicensee. Licensee agrees to notify Licensor prior to transferring the licensed products to any other system. The right to transfer this license is included in cost of this Agreement. The cost for new media or any required technical assistance to  accommodate the transfer would bel billable charges to the Licensee.  5. Confidentiality  The Licensee agrees that the Products are proprietary to the Licensor and have been developed as at trade secret at the Licensor's expense. The Licensee agrees to keep the software products confidential and use its best efforts to prevent any misuse, unauthorized use or unauthorized disclosures by any party ofany or all ofthel Products or compuryangdoumatuson  6. Modification  The Products may be modified but such modification shall be only for the use on the Licensee's system for which the Products are licensed and shall not cause the Licensee or the anyone performing such modification to gain any proprietary or other interest in thel Products.  7. Copies  The Licensee may make copies of the licensed Products for archive purposes only. The Licensee will repeat any proprietary notice on the copy of the Product. The documentation accompanying  the product may not be copied except fori internal use.  8. Warranty  For as long as a current software support agreement is in place, the Licensor will warrant that all MUNIS software programs will operate as described in the brochures and user manuals of Computer Center Software. Ifa program fails to operate in the manner described within these documents, the Licensor will correct the problem at no charge to the Licensee. IfLicensee has made modifications to the software programs, Licensor will no longer warrant the performance of those programs which contain modifications, uniess specifically authorized in writing by the  Licensor.  14    By signing below, both parties acknowledge that they have read this Agreement, understand it, and  agree to be bound by its terms:  LICENSOR Computer Center Software 370US Route One Falmouth, Maine 04105  LICENSEE Lee County 1061 Hillcrest Drive Sanford, NC 27330 Bywillawk Gus Nameilliam.K. Cowan Title: County Manager Date: 2/11/97  By: John  Vice President, Sales  Date:  3-147  "MUNIS"is: a registered trademark ofComputer Center Software.  15    tyler  0 lyier DrNE Yaro. n, MEC 0409 P8007722260 207781.2459  Greetings:  Enclosed is your Annual Support Agreementand License. Agreement for Munis@ You will note that this renewal form is different from the forms you may have received in the past. The biggest change we have made is to align you with our current, Tyler-wide practice ofsetting the term for maintenance and: supportas automatically renewable, in one-year increments. That means that, afters you sign this renewal form, in subsequent; years you will only receive an invoice fromi us We are taking this step to simplify the administration ofyour contract - a change we believe benefits us both. This change does not mean, though, thatyou are forever bound to a maintenance and supporta agreement with Tyler. Ifyou choose to, you may terminate the agreement, effective as oft the last date of the then-current term, by providing us at least fifteen days' notice ofyour intent to do sO. Please do not hesitate to contact Nicole Beaudette, Revenue Specialist, at (800) 772- 2260 extension 4692 or nicolp.beaudettecarylerrech.com with any questions or  Software for the upcoming renewal period.  reflecting our then-current maintenance and support fees.  conçerns. Sincerely, Abigail Diaz Associate General Counsel CMlay Enclosure  16    Annual Support Agreement and) License. Agreement for) Munis Software  This Annual Support. Agreement and License. Agreement for Munis Software ("Support. Agreement") is madel by and between' Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096( ("Tyler") and the client  named int the attached invoice ("Client").  WHEREAS, Tyler and Client are parties to an original agreement ("Agreement"); and WHEREAS, Tyler and Client desire to renew the maintenance services termi under the Agreement;  NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows: 1. Tyler shall provide maintenance services to Client, as specified int the Agreement and' Tyler'sthen-curent 2. Client shall remit to Tyler maintcnance feesi in the amount set forth in the attached invoice. 3. Maintenance services will renew automatically for additional one (1) year terms at' Tyler's then-current maintenance fees unless terminated in writing by either party at least fifteen (15) days prior to the end of the 4. This Support Agreement shalll be governed by and construed in accordance with the terms and conditions of  support call process, during the period set forthi in the attached invoice.  then-current term. the Agreement.  5. All other terms and conditions of the. Agreement shall remain ini full force and effect.  IN WITNESS WHEREOF, the parties hereto have executed this Support. Agreement as of the dates set forth below.  Tyler Technologies, Inc. ERP and SchoolDivision Egh  Client: Lee County, NC  Phb  By:  ymDlepyl  Name: Christopher! P. Hepbum Title: Senior Vice President  NameAmy Dalrymple  Title:Chair, Board of Commissioners Date: 8-18-15  17    CONTRACTADDENDUM FOR CONTRACTS WITH ANY DEPARTMENT OF LEE COUNTY GOVERNMENT  CONTRACTOR: Output Services Group/SouthData COUNIYDEPARIMENT: Tax Office SUBJECT OF CONTRACT:  Mail Services  DATE/TERM OF CONTRACT: July 19, 2023-June 30, 2024  Notwithstanding any provision contained int the above referenced Contract or Agreement which may bei to the Non-appropriation clause. Contractor acknowledges that Lee County is a governmental entity, and the contract validity is based upont the availability of publici funding under the authority of its statutory mandate. In the event that publici funds are unavailable and not appropriated fort the performance of Lee County's obligations under this contract, then this contract shall automatically expire without penalty to Lee County thirty (30) days after written notice to Contractor of the unavailability and non-appropriation of publici funds. Iti is expressly agreed that Lee Countys shall not activate this non-appropriation provision fori its convenience or to circumvent the requirements oft this contract, but only as an emergency fiscal measure during as substantial fiscal crisis, which affects generally its governmental operations. In the event ofa change int the Lee County's statutory authority, mandate and mandated functions, by state and federal legislative or regulatory: action, which adversely affects Lee County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to Lee County upon written notice to Contractor of such limitation or change in Lee County's legal  contrary, the following provisions are incorporated and shall apply, supplant and control:  authority.  Dispute Resolution/lurisdiction/Venue. Any dispute arising under this Agreement may be: settled by mediation in the State of North Carolina in accord with such procedures as may be available to units of local government understate law. No other dispute resolution procedures shall apply. Jurisdiction for anyl legal proceedings concerning this contract or agreement. shall be state courts int the State of North Carolina. Venue for such  proceedings shall be Lee County.  No pledge of taxing authority. No deficiency judgment may be rendered against Lee County or any agency of Lee County in any action for breach of a contractual obligation under this contract. The taxing power of the Lee County is not pledged directly or indirectly to secure any monies due under this contract.  Conflict of Interest: Ifthis is a contract for design, engineering, contract administration or similar services, the Contractor will not enter into contracts or agreements with third parties that may present a potential for conflict ofi interest between Lee County and thet third parties regarding the subject matter of this Contract or Agreement. Compliance with E-Verify requirements: The Contractor and any ofi its subcontractors must comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, ifa applicable, which requires  Revised 11-9-15  21    certain employers to verify the work authorization of each newly! hired employee through the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies. Divestment from companies that boycott Israel: Contractor certifies that (a)i iti is not identified on the Israel Boycott List or any other list created by the NC State Treasurer pursuant to N.C.G.S. 147-86.80 et al and (b) it will not take any action causing it to appear on any such list during the term oft the contract agreement. Iran Divestment. Act Certification. The Contractor certifies that the Contractor is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58 (the Final Divestment List) and the Contractor will not utilize any subcontractors performing work under this Contract which is listed on the Final Divestment List. The Final Divestment List can bet found on the! State Treasurer's website at the address and Non-Discrimination in Employment. The Contractor will not discriminate again any employee or applicant for employment because of age, sex, race, creed, national origin or disability. In the event Contractor is determined by the final order of an appropriate agency or court to be iny violation of this provision or any non-discrimination provision of federal, state or local law, this Contract may be suspended or terminated, in whole or in part by the County. Inaddition, the Contractor may be declared ineligible for further contracts with the County. Indemnification: The Contractor agrees, to thet fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees (collective, County) against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor's negligent performance of services under this Agreement and that of its subcontractors or anyone for whom the Contractor Drug-Free Workplace. During the performance of this agreement, the Contractor agrees to () provide a drug-free workplace fori its employees; (i) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees of the unlawful manufacture, sale, distribution, dispensation, possession, or use ofa a controlled substance or marijuana is prohibited in its workplace and specifying the actions that will bet taken against employees for violations of such prohibitions, (ili) state ina all solicitations or advertisements for employees placed by or on its behalf that it maintains a drug-free workplace; (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00 so that the  should be updated every 180 days.  is legally liable.  provisions will be binding upon each subcontractor or vendor.  ANAL  For the CONTRACTOR: Fori LEE COUNTY:  Title: Chief Revenue Officer Title: CHAINMAN  This instrument has been preaudited In the manner required by the Local Government Budget and Fiscal Contract Act. Cadace Duma Finance Officer, Lee County  Revised 11-9-15  22    Billing Service Agreement  This. Agreement is made the 8th day of May, 2006, by and between SouthData, Inc., a North Carolina corporation, with its primary office at 201 Technology Lane, Mount Airy, North Carolina 27030 (hereinafter "SouthData") and the Lee County Tax Office located at 106 Hillcrest Drive, Sanford, North Carolina 27331 (hereinafter "Client").  1. Exclusive Provider  A. Client agrees that SouthData is the exclusive provider of property tax notices, delinquent property tax notices, vehicle tax notices, delinquent vehicle tax notices, business personal property listing, and non-business personal property listing. Other specialized mailings are available from SouthData, but are: not  covered by this Agreement. 2. Responsiblities Of SouthData  A. SouthData shall furnish, all labor, materials, equipment, quality control, and 1. Design and printing services to create products for use by Client. ii. Computer processing services to process the billing data received from iii. Laser printing services to laser print information on the products. iv. Handling services to fold, insert into envelopes, and deliver to the post B. SouthData shall mail the printed product within 1 to 2 business day following the C. SouthData shall provide training on purchasing procedures at no additional cost. A. Client shall provide written approval of test documents as required. B. Client shall provide SouthData with sufficient information related to the format and contents of the data transmission file to allow SouthData to develop the C. Client shall provide SouthData with the billing information in an agreed upon format and with sufficient timeliness to allow SouthData toj print the products F. Client shall be solely responsible for the content and information provided to SouthData. SouthData shall not be responsible fori inaccuracies in billing data received from Client and compiled into the final billing format. A. Initial Account Setup - SouthData shall provide, at no charge, the initial programming and design services needed to prepare to produce the products B. Processing! Fees There are no processing fees or monthly or periodic charges for account maintenance, account availability, or online access for tracking orders. C. Minimum Run Charge A minimum run charge applies to all orders. This is not an additional charge, but means that the minimum billing for every order is $40, D. Postage - Postage is noti included in the delivered price and will appear on the invoice. A postage escrow account is not required. SouthData maintains the necessary software to receive discounts for which the Client may qualify.  supervision needed to provide the following services:  Client.  office the printed products.  written acceptance oft the final proof by the client.  3. Responsibilities Of Client  computer programs required to create the products. D. Client shall pay all invoices within thirty (30) days. E. Client will not be required to carry a postage deposit.  and deliver them.  4. Charges For Service  required by this Agreement.  exclusive of postage, shipping, handling and sales tax.  Page lof4  23    SouthData shall provide bar coding and sort the mail consistent with Postal Service standards. Until a file can be presorted, discounted postage is averages $.295 for onerounce mail and $.195 for postcards based on current rates effective January 8, 2006. Single notices will mail at the actual presort rate. Multiple E. Address Forwarding Services SouthData offers a service to get the most from your mailing. The fee is $.01 per record with a $100 minimum and can be performed at the time the data is received for order processing. The service Delivery point verification The DPV System assists mailers in obtaining accurate delivery address information and facilitates identification of erroneous addresses contained in mailer address files. Move Update Complance/National Change of Address NCOAlink updates name and address mailing lists with new addresses from individuals, families and businesses that have moved. Reporting ofl Move Update changes to the client- t This allows the client to receive the most current address information for updating the records F. Prices For Standard Items - Shown below are the prices for proposed components i. Property Tax Notices An annual volume of 36,000 customized 8 4x11 statements on 24# bond paper offset printed two colors front and one color back with variable data printed in black front side only with a 34" remittance stub: mailed in a standard #10 double windowed envelope with as standard #9 single windowed remittance envelope at $.115 each. This ii. Delinquent Property Tax Notices An annual volume of 14,000 customized 8 % x 11 statements on 24# bond paper offset printed two colors front and one color back with variable data printed in black front side only with a 3 %" remittance stub mailed in a standard #10 double windowed envelope with a standard #9 single windowed remittance envelope at $.118 each. This does not include postage. ini. Vehicle Tax Notices An annual volume of 60,000 customized 8 Kx11 statements on 24# bond paper offset printed two colors front and one color back with variable data printed in black front side only with a 3%" remittance stub mailed in a standard #10 double windowed envelope with as standard #9 single windowed remittance envelope at $.113 each. This iv. Delinquent Vehicle Tax Notices An annual volume of 20,000 customized 84x11 statements on 24# bond paper offset printed two colors front and one color back with variable data printed in black front side only with a 3 %" remittance stub mailed in a standard #10 double windowed envelope with a standard #9 single windowed remittance envelope at V. Personal Property Listing  An annual volume of 6,000 customized 8 %x 11 statements on 24# bond paper- - offset printed one color front and back with variable data printed in black front side only, redesigned to be mailed in a standard #10 double windowed envelope with a #9 no- windowed customized return envelope with one color printed remit address at $.215 each. This does noti include postage. Hole punch is an vi. Business Property Listing An annual volume of 4,000 packages including the following; Page 1 is a customized 8 Kx11 on 24# bond paper - offset printed one color front and one color back with variable data printed in black on: front and back, Page 2is a customized 8 x11  matched bills will be billed at the full First Class postage.  includes:  within their data file. of this program:  does not include postage.  does noti include postage.  $.118 each. This does not include postage.  additional 5.00 per thousand.  Page 2of4  24    on 24# bond paper - offset printed one color front and one color back with no variable data, redesigned to be mailed in a standard #10 double windowed envelope with a #9 no-windowed customized return envelope with one color printed remit address at $.318 per package. This does not G. Options/Costs - SouthData has the capability to start the multiple bill matching at two bills if desired for postage savings and can include up to six bills in our Multiple matching service are $.03 per notice additional. ii. 9x1 12 multiple envelopes used for over six statements are $.35 per H. Searchable CD's - SouthData now offers indexed, searchable, color image CD's ofr mailed documents at a cost of $.01 per record plus $15.00: for the first CD and $10.00 for each duplicate CD. Search options are available for name, account #, bill number, street address and other fields as specified by the client. i. Carrying Inventory SouthData will carry a 61 month supply of the base forms and willl hold them in inventory for use on the products SouthData creates for the client. The Client will notl be billed for these forms until ii. Obsoleting Inventory Should the client require changes, or cease using SouthData for this service, or otherwise make the form obsolete, the Client will be billed .03 per form and .02 per custom envelope for the J. Pricing Changes -The cost reflected in this proposal is based on the current cost ofraw materials. Therefore, the quoted costs are valid for lyear. After that date, we may reserve the right to: review the quoted costs in this proposal based The initial term of this Agreement shall be for two years. Subsequent to the initial term, this. Agreement shall continue in effect on aj year-toryear basis with the same This Agreement may be cancelled for a documented breach of the terms of the Agreement. The party wishing to cancel the Agreement must provide notice of cause in writing and allow the other party thirty (30) days to remedy the breach. Ifthe breach is not remedied within the thirty-day period, ai final written notice must be provided to the breaching party. The. Agreement will be cancelled thirty (30) days Following the initial two year term of this Agreement, the ongoing contract may be cancelled with ninety (90) days written notice and client will accept responsibility for SouthData shall perform all services at its facilities and agrees not to outsource any During the term ofthis Agreement, SouthData shall maintain at: its expense, liability, property, vehicle and workmen's compensation insurance sufficient to meet  include postage. standard #10 envelope.  envelope additional.  I. Inventory  they are used to produce the client's work.  obsolete inventory.  on current market conditions.  5. Term Of Agreement  terms and conditions, subject to price changes as described.  6. Cancellation  from receipt oft the final notice. any remaining inventory.  7. Outsourcing 8. Insurance  work unless authorized by Client.  the requirements of the State of North Carolina.  Page 3of4  25    9. Independent Contractor  SouthData acknowledges that it is at all times performing as an independent contractor. Nothing in this agreement shall constitute or be construed as a creation of Ifany part of this Agreement is found to be invalid or unenforceable, the remaining Ap party's waiver of al breach of any item of this Agreement shall not constitute a waiver of any subsequent breach oft the same or another provision oft this Agreement. The laws oft the state of North Carolina shall govern the provisions of this  apartnership or joint venture between the parties. parts of the Agreement shall continue in force.  10. Severability 11. Waiverability 12. Governing Law Agreement.  In' Witness Whereof, the parties have caused the execution of this instrument, by authority  duly given on the day and year first written above.  Lee County' Tax Office a81 David M. Smitherman dh  SouthData, Inc. Rick Hunter VPofSales  Rick ghth  Managet  (SEAL)  Attest:  Gaynell M. Lee  Thisi instrument has been pre-audited in the manner required by the local government budget and  fiscalgontrol act. a aMt  Page 4 of4  26    SouthData. ANOSG COMPANY  SOUTHDATA PRINT AND MAIL FULFILLMENT SERVICES AGREEMENT THIS CONTRACT IS ENTERED INTO THIS 18-lay of JULY, 2017 (hereinafter referred to as the "Contract"). The contract effective date is concurrent with the CLIENT's first live production run with SOUTHDATA or "future date", whichever date begins first within the  2017 calendar year.  WHEREAS, OUTPUT SERVICES GROUP is a company organized and existing under the laws of the State of New Jersey, having its principal place of business located at 100 Challenger Road, Suite 303, Ridgefield Park, NJ 07660, U.S.A. (hereinafter referred to as "SOUTHDATA"), and is engaged in the business of providing print and mail fulfillment and other related services (hereinafter referred to as the "SOUTHDATA Services"); and WHEREAS, LEE COUNTY TAX ADMINISTRATION is a government office organized and existing under the laws of the State of NORTH CAROLINA, having its principal place of business located at 106 Hillcrest Dr., Sanford, NC 27330 (hereinafter referred to as the  "CLIENT"); and  WHEREAS, the CLIENT has agreed to engage SOUTHDATA, and SOUTHDATA has agreed to be engaged by CLIENT to provide the SOUTHDATA Services to CLIENT in  accordance with the terms of the Contract. contained, the parties hereto agree as follows: SCOPE OF THE CONTRACT  NOW THEREFORE, in consideration of the promises and mutual covenants herein  1.1 SOUTHDATA hereby agrees to provide the SOUTHDATA Services to CLIENT, and CLIENT hereby agrees to purchase exclusively from SOUTHDATA the SOUTHDATA  Services in accordance with the terms and conditions provided herein,  1.2 Unless otherwise agreed by the parties, the SOUTHDATA Services to be provided by SOUTHDATA shall consist of the print and mail fulfillment and related services  described in Appendix A attached hereto.  1.3 During the term of this Contract, the CLIENT agrees to produce a minimum yearly quantity of 50,000 invoices ("Minimum Commitment") for a period of60 months, based    upon the rates and terms provided herein.  PRICINGAND BILLING  2.1 The prices and compensation to be paid by CLIENT to SOUTHDATA for the SOUTHDATA Services shall be in accordance with the amounts provided in Appendix B hereto  (the SOUTHDATA Prices").  2.2 The SOUTHDATA Prices set forth in Appendix B shall remain unchanged fora period oftwelve (12) months from the date ofthis Contract (the "Initial Pricing Period"). Following the termination oft the Initial Pricing Period and at the end of every subsequent twelve month pricing period (collectively the "Pricing Periods"), notwithstanding anything to the contrary contained in this Agreement, SOUTHDATA ini its sole discretion shall have the right, to increase SOUTHDATA Prices contained in Appendix B for the "Affected items" during the Pricing Period by the greater of 5.0% or the change in the Consumer Price Index All Urban Consumers, U.S. city average, base period 1982-84 ("CPI") as reported for the most recently  completed Pricing Period.  2.3 The SOUTHDATA Prices may be revised and amended at any time by the parties hereto in a written amendment signed by each of the parties, in accordance with the terms  prescribed! herein.  2.4 Any and all invoices and bills for SOUTHDATA Services, including, but not limited to processing fees, and any costs and expenses, shall be due and payable by the CLIENT  tos SOUTHDATA within 30 days of receipt.  2.5 During the term of this Contract and any renewals thereof, CLIENT shall be responsible for the payment of any and all applicable federal, state, and local taxes, including, but not limited to sales, excise, use and taxes. Exemption from tax payment will be allowed upon the presentation of written proofofexemption and a valid tax exemption number.  2.6 All invoices shall be payable to SOUTHDATA in the form of cash, or check made payable to "SouthData" at 201 Technology Lane, Mount Airy, NC 27030, or by electronic funds transfer to SOUTHDATA in accordance with written electronic transfer instructions provided by  SOUTHDATA to the CLIENT.  2.7 In the event that the CLIENT defaults upon or fails to make any payment as scheduled, SOUTHDATA shall have the right to immediately cease any and all  production for the account of the CLIENT.  2    80  COSTSAND EXPENSES  3.1 CLIENT shall be responsible for the payment of all costs and expenses incurred by SOUTHDATA, including, but not limited to expenses for: postage, shipping, freight, paper, electronic forms, envelopes, flats and other required supplies in connection with providing the  SOUTHDATA Services in accordance with the terms ofthis Contract.  3.2 Payment for any ofthe foregoing costs and expenses shall be made in accordance with paragraph 2.6 herein. In addition, CLIENT shall establish a Postage Account in the name of, and for the benefit of SOUTHDATA, with SOUTHDATA if postage costs for an order plaçed are equal to or more than $30,000. A postage deposit equaling one (I) month of estimated postage is required and shall be due and payable two (2) weeks prior to the first scheduled production run. Invoices for costs and expenses for postage, shipping and freight shall be billed to CLIENT, and payment may be made to SOUTHDATA from the Postage Account. SOUTHDATA reserves the right to monitor the Postage Account and to increase or decrease the  required deposit by CLIENT at the sole discretion OfSOUTHDATA.  REPRESENTATIONSAND WARRANTIES  4.1 SOUTHDATA and the CLIENT jointly and severally represent, warrant and agree as (a) they have the full legal right, power and authority to enter into this Contract and to (b) that in executing and delivering this instrument, they do sO freely and voluntarily, with full legal competency to the best of their knowledge, having received adequate independent legal advice from legal counsel, if desired, and under no duress, pressure or coercion which could negate or adversely affect the intentions (c) that this Agreement, and each and every covenant, promise, representation, warranty and agreement herein, shall be fully binding upon and shall inure to the benefit of the respective heirs, successors, representative, assigns, parents,  follows:  consummate all ofthe transactions contemplated herein;  oft the parties as expressed herein; and  subsidiaries and other affiliates, of each party hereto.  4.2 The CLIENT acknowledges and agrees that any and all data, documents and information provided by SOUTHDATA to the CLIENT, including, but not limited to computer software programs, computer data and information, and other proprietary information, are and shall  remain the sole and exclusive pepetyofsOUTHDATA. RELATIONSHIP BETWEEN: THE. PARTIES  5.1 Itis acknowledged and agreed that SOUTHDATA shall not be considered an agent, cmployce or representative of the CLIENT. SOUTHDATA shall not act on behalf oft the  3    CLIENT, except as otherwise agreed upon herein. Nothing herein shall be construed in any way to constitute a partnership, joint venture, agency or any other special relationship between SOUTHDATA and the CLIENT, nor is it the intention of the Parties to establish any such  relationship.  5.2 Neither SOUTHDATA nor the CLIENT is granted any express or implied right or authority to assume or to create any obligation or responsibility on behalf of, or in the name ofthe other, or to bind the other in any manner or thing whatsoever, without the prior written  approval ofa duly authorized representative oft the other.  5.3 The Parties shall each use reasonable efforts to take all actions as the other may from time to time reasonably request and to otherwise cooperate with the other in order to avoid or minimize any delay or impairment of the performance of the other's obligations under this  Contract.  CONFIDENTALITY  6.1 Except as provided herein, SOUTHDATA, its employees, agents and representatives shall use reasonable care to preserve the strict confidentiality of all information obtained from the CLIENT, including but not limited to any customer lists and information, financial data or other information designated in writing by the CLIENT as proprietary  information ("Client Information").  6.2 Except as provided herein, the CLIENT, its employees, agents and representatives shall use reasonable care to preserve the strict confidentiality of all information obtained from SOUTHDATA, including but not limited to any operating programs, computer programs, data or other information, and other information designated in writing by SOUTHDATA as proprietary information (the SOUTHDATA Information'"the Client Information and the SOUTHDATA Information shall be referred to collectively as the "Confidential Infornation").  6.3 Neither party shall use the Confidential Information for any purpose other than the performance of that party's obligations hereunder nor disclose such information to any third party, without the prior written consent of the other party hereto; provided, however, that the obligation to keep the Confidential Information confidential shall not be applied to information  and data that:  (a) is already lawfully in the possession of the disclosing party, and is not subject to (b) is or hereafter becomes a matter of public knowledge or is available in the public (c) is thereafter acquired lawfully from a third party who is not subject to any  any confidentiality provisions;  domain independent ofa any disclosure by the disclosing party;  confidentiality provisions; or  (d) the disclosing party is legally obligated to disclose.  TERM  4    7.1 This Contract shall come into effect immediately as of the date of execution hereofby both parties, and shall remain in force for a period of121 months, except as provided for herein. Automatic one (1) year renewals will follow the initial 12 month period.  TERMINATION 8.1  Either SOUTHDATA or CLIENT may terminate this Contract with regard to its  respective obligations hereunder at any time by giving the other party written notice of such  termination, upon the occurrence ofany oft the following:  (a) any material breach of any of the terms or conditions hereof having been committed by either party, if the breaching party fails to remedy such breach within thirty (30) days after receipt of written notice thereof from the non-  breaching party; or  (b) the bankruptcy or insolvency of either party, including, but not limited to any of the following: assignment for the benefit of creditors, inability to pay debts when due, commencement of procedures for compulsory reorganization, and manage- ment or significant assets or property being involuntarily taken over in whole or in (c) the mutual consent oft the CLIENT and SOUTHDATA to terminate this Contract. (d) CLIENT may terminate with no cause and at least thirty (30) days written notice 8.2 Nothing herein shall be construed to limit or otherwise affect the rights and remedies of SOUTHDATA or the CLIENT at law ori in equity under this Contract, ori in the event  part by any governmental office, agency or authority; or  that the CLIENT terminates this Contract.  8.3 In the event of termination of this Contract by either party, the rights and obligations of each party hereunder shall cease, except the obligation of the CLIENT to pay to SOUTHDATA any accrued but unpaid compensation or expense reimbursement. In addition, each party shall promptly return any and all data, information, programs, materials, and other property held by it in connection with the pertonmance of its obligations hereunder, and the confidentiality provisions defined in paragraphs 7.1, 7.2 and 7.3 herein shall remain in full force  and effect for a period ofone (I): year.  NOTICES  9.1 All notices or other communications between the Parties hereunder shall be in writing, and shall be delivered, or sent via first class mail and/or email transmission to the  following addresses:  5    SOUTHDATA 201 Technology Lane Mount Airy, NC 27017 800-549-4722 Attn: Loren De Leon dclcon@southdala.com  Lee County Tax Administration 1061 Hillcrest Dr Sanford, NC27330  9.2 Any party may change its address at any time by giving notice thereof to the other 9.3 Notices sent via first class mail shall be deemed to have been given at the time when mailed, enclosed in a registered or certified, postage pre-paid envelope addressed to the party at the respective addresses set forth in this Contract, or to such other address which may have been fixed by notice, provided, however, that any change of address shall be effective only upon  parties in the manner provided in this Article.  receipt.  9.4 Notices sent via facsimile shall be deemed to have been given at the time when return confirmation of the said facsimile transmission shall be received by the party providing  notice.  DISPUTE RESOLUTION  10.1 In the event that a dispute arises between or among the Parties directly or indirectly arising out of or concerning the meaning or interpretation of this Contract, the Parties shall first  attempt to settle such dispute through friendly discussion.  10.2 Any arbitration proceeding shall be conducted within the state of North Carolina, in accordance with the procedural rules of the American Arbitration Association. The decision of the arbitrator may be appealed to a court of competent jurisdiction in accordance with the laws of  the state ofNorth Carolina.  CONFLICTS OFINTEREST  11.1 The CLIENT acknowledges and agrees that it shall obtain the SOUTHDATA Services or similar services exclusively from SOUTHDATA. The CLIENT shall not directly or indirectly enter into any contracts with persons who are in direct competition with SOUTHDATA for the purposes of providing the same or similar services as the SOUTHDATA  Serviccs without the prior written consent of SOUTHDATA.  6    GOVERNINGLAW  12.1 This Contract shall be construed in accordance with and governed by the laws of  the State of North Carolina,  MODIFICATIONANDA ASSIGMMENT  13.1 This Contract may not be modified or terminated orally and no modification, termination or alteration shall be valid unless in writing signed by the party against whom  enforcement is sought.  13.2 Neither party shall assign any ofits rights or obligations, or this Contract in whole or in part, to a third party without obtaining the express, prior written consent oft the other may be withheld for any reason whatever, and any attempted assignment by party, either party without such prior written consent will be ineffective and will constitute a breach of this  consent which Contract.  ADDITIONAL DOCUMENTS  14.1 The Parties shall execute all additional Contracts and instruments that may be reasonably required in order to carry out the purposes and intent oft this Contract and to fulfill the  obligations of the Parties hereunder. COUNTERPARTS  15.1 This Contract may be executed in any number of counterparts, each of which shall  be decmed an original and shall be fully binding and effective.  ENTIRE CONTRACT  16.1 This document consttutes the entire agreement between the Parties relating to the SOUTHDATA Services, and the Parties agree that there are no other understandings or Contracts  between them whatsoever relating to the SOUTHDATA Services.  HEADINGS  17.1 The headings used in this Contract are for convenience only and shall not be used  toit interpret or construe any ofi its provisions.  SOUTHDATA  Lee County Tax Administration deRg  S4 avek  By:, 7    APPENDIXA STATEMENT OF WORK  SOUTHDATA Control Standards I. Inventory Controls A. B. C. Items included are: 1. 2. 3. II. Input Controls number) B. Processing commences: 1. 2. C. alignment, etc.  Inventory controls are maintained by SOUTHDATA. Paper and Envelope stock will be supplied as part of the SOUTHDATA 241b. OCR bond 8 Yx 11 micro perforated paper #10 double window envelope #9b business reply envelope  packaged services  A. Successful transmission is indicated when system provides user with 8 digit number (ticket  Page and invoice counts are verified against customer counts from on-line Addresses are verified for deliverability and postal coded for Pre-production sampling is performed to check the accuracy of the invoice presort mail discounts  work order dates, messages,  D. Once all input controls are verified, the filei is scheduled for production A. High Speed Inkjet Printers are utilized within SOUTHDATA's Customized Workflow  III. Printing Controis  B. Throughout the printing process:  System  1. 2. C. IV. Inserting Controls A. B. C. D. E. F. A. B.  Monitor print quality and output sequences. Final review of output, and verification of presort Reprint any invoices via account recovery program D. Provide accurate workflow tracking throughout the process Pre-production machine inspection insures proper material use Verify control totals to ensure all printed pages are inserted "Intelligent" inserters electronically monitori insertion and Postage totals are verified after each mailing Ability to monitor piece, set, and: set tos set integrity Verify all totals prior to release to the post office Friday, excluding holidays.  information mailing  folding integrity through ou!  V. Turnaround Commitments  Orders willl bey printed and mailed within 48 hours following client approval oft final  proof Monday  Graphic changes can require: 3. - 56 business days lo complete. C. Programming changes can require 10- -1 15 days to complete.  VI. Volume Considerations VI. Reports A.  A. The Client has estimated an average of 10,000 annual assessment notices and  property tax notices tol bej printed and mailed.  40,000 annual  Eror Standardization Report is includedi in the NÇOA costs. The file willl be  inTXT fonmat.  supplied via website  642199.175417 4:20PM    Printing  Price  Description  Personal Property Listing Approx. 6,000 annually Business Property Listing Approx. 4,000 annually Property Tax Notice Approx. 40,000 annually Delinquent Tax Notice Approx. 5,000 annually Extra Page Householding Changes setup  $0.20 Inkjet printing, 8.5x11 statement, duplex, color, witha ai #10  double window outer envelope, customremit envelope, 24lb. Inkjet printing, 8.5 x 11 statement, dupiex, color, with a custom #10 outer envelope, custom remit envelope, 24lb.  microperfed paper, folding, inserting. microperfed paper, folding, inserting.  $0.28  $0.115 Inkjet printing, 8.5x11 statement, duplex, color, with ai #10  standard outer envelope, #9 standard envelope, 24lb. Inkjet printing, 8.5x11 statement, duplex, color, with at #10 standard outer envelope, #9 standard envelope, 24ib.  microperfed. paper, folding, inserting. microperfed paper, folding, inserting.  $0.118 $0.04 $0.03  Inserts statements with the same name and address into  asingle outer enveiope.  Programming Changes after initial $125/hr. Graphic Changes after initial setup $65/hr.  Other NCOA Annual Fee File delivery via DVD Postage provided at cost by the  $100 Covers all records submitted and error code reports.  $50  USPS  642199.1 7:5417_4:20PM    SouthData  Lee County Tax. Administration  By:  Cflans  Name/Lora Southard Title: Vice President Sales Date: 7-18:17  hg apl  Name: ohhLupha Title: Cauf Ayba  Date: 7-/-17  642199.1 7/5/17 4:20PM    RESOLUTION BY THE COUNTY OF LEE  AUTHORIZING EXECUTION OF KROGER OPIOID SETTLEMENT AND APPROVING THE SECOND SUPPLEMENTAL AGREEMENT FOR. ADDITIONAL FUNDS WHEREAS, the opioid overdose epidemic has taken the lives of more than 37,000 North WHEREAS, the COVID-19 pandemic has compounded the opioid overdose crisis, increasing WHEREAS, the Centers for Disease Control and Prevention estimates the total economic burden of prescription opioid misuse alone in the United States is $78.5 billion a year, including the costs ofhealthcare, lost productivity, addiction treatment, and criminal justice involvement; and WHEREAS, according to the North Carolina Opioid Settlements CORE-NC Dashboard, found at htps/ncopioidxtlememstopgdamadisfbuntic.alor, iti is estimated that in 2021, the overdose death rate in Lee County was: 58 out of 100,000 people, emergency department visits rate for overdose in 2021 was 161 out of100,000 in 2022, and the overdose death from illicit drug involvement  Carolinians since 2000; and  levels of drug misuse, addiction, and overdose death; and  rate in 2021 was 78 out of100 overdose deaths; and  WHEREAS, certain counties and municipalities in North Carolina joined with thousands of local governments across the country to file lawsuits against opioid manufacturers, pharmaceutical distribution companies, and chain drug stores to hold those companies accountable for their misconduct; and WHEREAS, a settlement has been reached in litigation against the Kroger Co. ("Kroger") as well as its subsidiaries, affiliates, officers, and directors named in the Kroger Settlement; and WHEREAS, representatives ofl local North Carolina governments, the North Carolina Association of County Commissioners, and the North Carolina Department of Justice have negotiated and prepared a Second Supplemental Agreement for Additional Funds from Additional Settlement of Opioid Litigation (SAAF-2) to provide for the equitable distribution oft the proceeds oft these  settlements; and  WHEREAS, by. joining the settlements and approving the SAAF-2, the state and local governments maximize North Carolina's share of opioid settlement funds to ensure the needed resources reach communities, as quickly,e effectively, and directly as possible; and  WHEREAS,itisa advantageous to all North Carolinians for local governments, including Lee County and its residents, to sign onto the settlements and SAAF-2 and demonstrate solidarity in response to the opioid overdose crisis, and to maximize the share of opioid settlement funds received  both in the state. and this county to help abate the harm; and  WHEREAS, the SAAF-2 directs substantial resources over multiple years to local governments on the front lines oft the opioid overdose epidemic while ensuring that these resources are used in an  effective way to address the crisis;    NOW, THEREFORE BE ITI RESOLVED, that the Board of Commissioners ofLee County hereby authorizes the County Manager or County Attorney to execute. all documents necessary to enter into opioid settlement agreements with Kroger, to execute the SAAF-2, and toj provide such documents  tol Rubris, the Implementation Administrator.  Adopted this the 15"h day of Julay  2024.  Chair  Hponite Lee County Board of Commissioners  Kirk'Smith,  ATTEST:  lgdha  SEAL  COUNT BST    RESOLUTION AUTHORIZING THE SALE OF PROPERTY  LOCATED AT 331 HARBOR TRACE  WHEREAS, the County ofLee owns certain vacant property located at 331 Harbor Trace, PIN number 9660-91-9608-00, Lee County, North Carolina, as shown on a deed recorded in Deed Book 1335, Page 832, in the office ofthe Register of Deeds for Lee County, to which the record thereofreference is hereby made for more complete description; and, WHEREAS, the taxable value of the property is $7,000.00; 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 to purchase the property; and, WHEREAS, the County ofLee proposes to dispose of the above described property asi it WHEREAS, the County received an offer submitted by Cheryl Crist ("Offeror") to purchase the property described above: in the amount of $4,000.00, plus any advertising costs, a  foreclosure sale; and, is$ $5,394.14; and,  iss surplus to the County's needs; and,  copy of which is attached hereto; and,  WHEREAS, Offeror has paid to the County Clerk the required 5 percent (5%) deposit on WHEREAS, the Lee County Board of Commissioners accepts the initial offer of WHEREAS, the Lee County Board ofCommissioners authorizes staff to advertise the NOW,THEREFORE, BE IT RESOLVED by the Lee County Board of Commissioners 1. The Lee County Board of Commissioners authorizes the sale oft the property described above through the upset bid procedure of North Carolina General Statute $160A-269.  its offer and $200.00 ofadvertising costs; and,  $4,000.00; and,  initial offer and any higher, upsetting offer, subject to the upset bid procedure.  as follows:    2. The County Clerk shall cause a notice oft the proposed sale to be published. The notice shall contain a general description oft the property, the amount and terms oft the offer, and a notice that within 10 days any person may raise thel bid by not less than ten percent (10%) ofthe 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 of 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 5:00j p.m. on or before the 10th day following publication of said notice. Use of the mail or any means of delivery is at the bidder's risk and any bids received after the deadline will not be considered. Any bid 4. At 5:00 p.m. on said date, the County Attorney/Deputy County Attorney shall open thel bids, if any, and the highest such bid will become the new offer. Ifthere is more than one bid in the highest amount, the first such bid received will become the new offer. 5. A qualifying higher bid is one that raises the existing offer by not less than 10 percent (10%) oft the first $1,000 ofthat offer and 5 percent (5%) oft the: remainder oft that offer. 6. A qualifying higher bid must also be accompanied by a deposit in the amount of5 percent (5%) ofthe bid and accompanying $200.00: for advertising costs. This amount 7. The County will return the deposit and advertising costs on any bid not accepted, and will return the deposit on an offer subject to upset ifa qualifying higher bid is received; however, once the actual advertising costs are incurred, those become non-refundable. 8. Ifa qualifying higher bid is received, the County Clerk shall cause a new notice of upset bid tol be published and shall continue to do: sO until a 10-day period has passed  remainder.  with conditions or terms will not be accepted or considered.  may be made in cash, cashier's check, or certified check.  without any qualifying upset bid having been received. 9. The terms oft the final sale are as follows:  a. C. d. e. f.  The buyer must pay with cash, cashier's check or certified check at the b. The property is sold "as is" with no conditions placed on the bid. Title to the subject property shall be transferred to the buyer by a Non- Advertising fees are non-refundable once spent. Any costs above the The County Attorney does not perform title searches on the property and the Offeror can retain their own attorney to perform such title search. The buyer takes title subject to any easements, encumbrances, encroachments, environmental issues, covenants, boundary issues or any other property related issues, seen or unseen.  time of closing. warranty deed.  $200.00 already paid must be paid by the buyer.    g.  The buyer will pay Homeowner's Association dues for 2024 that will be  prorated at the time of closing.  10. The Board of Commissioners may, at any time, reject any and all offers. 11. Ifno qualifying upset bid is received after the initial public notice and 10-day upset bid period has expired, the original offer will be taken back to the Board for final approval and whereby the Board may authorize the appropriate County officials to  execute the instruments necessary to convey the property.  Dated this the 15th day ofJuly, 2024.  DOmatw  Kirk D. Smith, Chair Lee County Board of Commissioners  ATTEST: trie  Lee County Board ofCommissioners  1947 COUNTA SR BE  H CAR    APPOINTING RESOLUTION DESIGNATING PLAT REVIEW OFFICERSTO  REVIEW AND CERTIFY MAPS AND PLATS FOR LEE COUNTY, NORTH CAROLINA  WHEREAS, N.C. General Statute 47-30.2 requires that the Lee County Board of Commissioners designate by name one or more persons experienced in mapping or land records management as Plat Review Officers to review and certify maps and plats as required before being presented WHEREAS, a resolution Designating Plat Review Officers as required by said General Statute was adopted by the Lee County Board of Commissioners on May 19, 2008, and recorded in the office WHEREAS, additional staff members of the Lee County Strategic Services Department have NOW, THEREFORE, BE IT RESOLVED, by the Lee County Board of Commissioners, that the following persons are now hereby designated by name as Plat Review Officers for Lee County, North Carolina, in accordance with the provisions of N.C. General Statute 47-30.2;  tor recording in the office of the Register of Deeds; and  of the Register of Deeds in Deed Book 01143, Page 0515; and  gained certification as Plat Review Officers on. June 27th, 2024; and  Jeannatte Bowmer P.Gene Hathaway Renee Scott Angela Wood Carson Mann  BE IT FURTHER RESOLVED, that this resolution, once adopted, shall be recorded in the office of the Register of Deeds of Lee County, North Carolina, and indexed on the grantor index in the name of each Plat Review Officer, and that no map or plat, required to be submitted for review, shall be recorded in said office of the Register of Deeds without an affixed certification ofa designated Plat Review Officer as identified above pursuant to the provisions of said General Statutes. Once adopted, this resolution revokes all previously approved Plat Review Officers  who are not listed in this resolution. Adopted this 15th day of July, 2024.  KaDonia Kirk D. Smith, Chair  kee County Board of Commissioners  ATTEST:  RECOUNT  BSE EN B a d b  Hailey Hall,  Board  fnip.tl    DONATION FORM  July 15, 2024  The Board of Commissioners, on behalf of Lee County Government, hereby accepts the donation of services rendered by Lett's Tree Service ini installing new light bulbs at Lett's Ballpark using its specialty equipment on May 30, 2024. An estimated value of these services is$ $1100.00. No goods or services were received by the Donor in return for the donation.  Kmobmi  Kirk D. Smith, Chair  Lee County Board of Commissioners  Donor should consult with a tax professional about the tax implications of this donation under state and federal law. This form does not guarantee the Donor's ability to donate the property  for the purpose of using the donation as a tax deductible item.    PROFESSIONAL SERVICES AGREEMENT  This service agreement between Logan Systems, Inc. ("Logan Systems") and Lee County, North Carolina (the "County") willl become effective this Ist day of. July, 2024. The respective parties may execute this agreement at different times. Pursuant to the terms outlined below, Logan Systèms agrees to provide professional services to the Lee County Register of Deeds ("ROD") for the management oft the permanent records maintained by the ROD. The contract is divided into three sections. The first outlines all general terms common to the services provided to the ROD. The two remaining sections contain specific terms for the services provided and the respective  costs ofthose services. I Common Terms  1. Term oft the Agreement: The term of this agreement shall be five years and shall cover: the services described herein provided by Logan Systems from 2. Services Provided: Logan Systems provides a turnkey service that includes all necessary hardware, software, training and support required to maintain the permanent records maintained by the ROD. The services to be provided are 3. Additional Conversion Services: Certain conversion services not listed below may be provided by Logan Systems during the term of this contract. These 4. Training: All necessary training for both the ROD's staff and the general public will be provided by Logan Systems at no additional charge to the 5. Support: Unlimited support is provided via a toll-free number on business days from 8:00AM through 5:00PM. In addition, other contact numbers for support representatives have been provided fora after-hours support. Ifthe problem or question cannot be adequately answered over the telephone, then a support representative will visit the ROD's office at no additional charge. If equipment needs to be repaired or replaced, the target for such replacement is 6. Consumable Supplies: The cost ofc consumable supplies such as paper, toner, and recording binders are not included in the charges listed below. These 7. Ownership of] Hardware and Software: All hardware and software provided as part of the indexing and imaging services remains the property ofLogan Systems. As such, Logan Systems remains responsible for the replacement, 8. Ownership ofData: All data pertaining to the ROD is the property ofLee County and the ROD. Ifrequested, Logan Systems will provide the data to Lee County at no charge in an acceptable format on an acceptable media. Lee  July 1, 2024 through June 30, 2029.  explained in greater detail below.  additional services shall not be subject to this contract.  County.  24 hours.  consumables may be purchased from Logan Systems.  repair, and upgrade ofsuch equipment.    County will either provide the media or reimburse Logan Systems for its 9. Changes in Technology: Iftechnology changes require Logan Systems to change either the operating systems on which its software and hardware operate, or the type ofhardware or media used in the storage of data, Logan Systems will: migrate the data it manages for the ROD to the newer: media at 10. Authorization for) Past Services: Ifeither party signs this contract after the July 1,2024 effective date, this contract specifically authorizes payments for all satisfactorily provided services provided between the end oft the term oft the current contract (June 30, 2024) and the signature dates oft this contract. 11. Integration Clause: Waiver: This contract, including its attachments, represents the entire agreement between the parties. Any modification or alteration ofthis agreement must be done sO in writing and approved by both parties. In addition, no party shall be deemed to have waived any rights pursuant to this agreement without a written document acknowledging the waiver and signed by the party against whom the waiver is asserted. 12. Assignment: Logan Systems may not assign, transfer or otherwise dispose of its obligations and benefits under this agreement with the County without the prior written consent and approval in a writing signed by an authorized 13. Governing Law and Forum: This contract shall be governed in accordance 14. Severability: The provisions ofthis contract are severable, and should any court of competent jurisdiction deem any provision(s)i invalid, the remaining provisions will remain valid, unless such ruling will make further performance under the contract impossible ori impose an unconscionable burden upon one 15. Termination for Convenience: Lee County reserves the right to terminate this agreement for convenience by providing Logan Systems with a written notice ofi its intent to terminate this agreement. Such written notice must be received by Logan Systems no less then thirty days prior to the proposed termination date in order to be effective. The County will pay Logan Systems for all work completed prior to the termination date. In addition, for work that isi in progress at the time oft termination, Lee County will allow Logan Systems to either finish such work and be paid upon completion or Lee County will reimburse Logan Systems at its current book prices for thej portion of work completed and its reasonable expenses incurred in an effort to complete the 16. Termination for) Funding: This agreement may be terminated at the end ofa fiscal year by the County if adequate funding is not available for the entire agreement. To the extent that partial funding is available, the County and Logan Systems will negotiate in good faith to continue aj portion oft the 17. Force Majeure: Neither party shall be liable to the other for any cost or damages ift the failure to perform arises out ofcauses beyond the control and  media costs.  no charge to the County.  representative of the County.  with the laws oft the State ofNorth Carolina.  ofthe parties.  work as oft the date ofthe termination.  services authorized by this agreement.  2    without the fault or negligence of the parties. The definition of force: majeure will be consistent with the definition in Section. J (page 10) oft the Request for Proposal. The Request for Proposal is attached hereto as "Exhibit A": and the referenced section is hereby incorporated by reference herein. 18. Independent Contractor: Logan Systems shall be legally considered an independent contractor and neither the contractor nor its employees shall, under any circumstances, be considered servants or agents ofLee County; and Lee County shall be at no time legallyr responsible for any negligence or other wrongdoing by Logan Systems, its servants, or agents. Lee County shall not withhold from the contract payments to the contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amount for benefits to Logan Systems. Further, Lee County shall not provide to Logan Systems any insurance coverage or other benefits, including Workers' Compensation, normally provided by Lee County fori its employees. 19. Oral Statements: No oral statements ofany person shall modify or otherwise affect the terms, conditions, or specifications stated ion this contract. All modifications to the contract must be made in writing signed by an authorized 20. Patents and Royalties: Logan Systems covenants to save, defend, keep harmless, and indemnify Lee County and all its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fines, penalties, and cost  including court costs and attorney's fees, charges, liability, and exposure, however caused -1 for or on account ofany copyright or patented or unpatented: invention, process, or article manufactured or used in the performance oft the contract, including its use by Lee County. IfLogan Systems uses any design, devise, or materials covered by patent or copyright, it is mutually agreed and understood without exception that the contract price includes all royalties or costs arising from the use of such design, devise, or materials in any way in the work, 21. Quality Control: Logan Systems shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that thè services are provided at all times and in all respects in 22. Right to Audit: Logan Systems shall maintain such financial records and other records as may be prescribed by Lee County or by applicable federal and state laws, rules, and regulations. Logan Systems shall retain these records for aj period of five years after final payment, or until they are audited by Lee County, whichever occurs first. These records shall be made available during the term oft the contract and the subsequent five-year period for examination, transcription, and audit by Lee County, its designees, or other 23. Failure to Enforce: Failure by either party at any time to enforce the provisions oft the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity oft the contract orany part thereofor the rights of the parties to enforce any provision at any  representative of each party.  accordance with the contract.  authorized bodies.  time in accordance with its terms.  3    24. Intellectual Property: For the avoidance of doubt, all  ystemsofwueapplations produced by Logan Systems, Inc. are Logan Systems, Inc.'s ownedi intellectual property and not material produced under  the Agreement.  II. Services Provided  1. Traditional Indexing Services: Logan Systems currently provides indexing services to the ROD's office. It is this system that allows the ROD's stafft to input indexing data and print out various verification forms and statistical reports to insure the accuracy oft the information. The monthly and annual merges and the corresponding paper prints will continue to be provided.' In addition, all corrections to the indexing data will continue to be reflected in paper print outs as appropriate. The ROD intends to index:  Land records Plat book records Birth records Death records Marriage records Military discharge records  2. Automated Indexing: Logan Systems currently provides a computer retrieval system that allows for searches oft the entire indexing database for land records and Financing Statements (up to. June 30, 2001, when Financing Statements not effecting real estate are filed at the state level). In addition, the software allows for the retrieval ofb birth, death, and marriage information as well. Because ofs state laws regarding confidentiality of certain birth records, the software allows the ROD: staff to delete certain birth records. This system will be modified in compliance with the newi indexing standards. 3. Scanning ofLand and Other Records: Logan Systems will provide a scanning system for land record and other data in accordance with Logan Systems' 4. Plat Scanning and Retrieval: Logan Systems will scan all original oversized (larger than 11" X 14"), plats in the ROD's office. These plats will be made available for viewing and oversized printing in the ROD's office. 5. Index and Image Retrieval: Logan Systems currently provides public retrieval units for both indexing and imaging retrieval in accordance with its responses tot the Request for Proposal attached hereto as "Exhibit A." 6. Receipting: Logan Systems currently provides a receipting system to the ROD. The features ofthis system are a result of customization requested by 7. Tax Office Access tol ROD data: Logan Systems will provide access to the tax office of ROD data. The mechanism for this access will be decided by the  responses to the RFP.  the ROD.  County and Logan Systems.  'Logan Systems shall continue toj print a paper index as long as the County desires such index to be  printed.  4    8. Remote Access: Logan Systems currently provides remote access service to the ROD. This service is free to the public on the Internet. 9. Copy Account Software: Logan Systems will continue to provide a copy account software solution for the public retrieval units maintained by Logan 10., Marriage Form Software: Logan Systems will continue to provide software to create substitute marriage licenses. This software will also be used for 11. Electronic Recording: Logan Systems will work with any electronic recording vendor chosen by the ROD to facilitate electronic recording ofl land record instruments in the ROD office. Logan Systems will make revisions to its programs to accommodate electronic recording and any reporting requested 12. Archival Film Creation: Logan Systems will create archival film for the North  Systems.  indexing input of marriages.  related to electronic recording. Carolina. Archives as required by law.  III. Cost of Services  1. Monthly Fees: Logan Systems will bill for the ongoing services it provides on  ai monthly basis as follows:  a. A flat rate of $3,360.00 per month in Fiscal Year 2025 b. A flat rate of$3,460.80 per month in Fiscal Year 2026 C. A flat rate of $3,564.62 per month in Fiscal Year 2027 d. Ai flat rate of $3,671.56 per month in Fiscal Year 2028 Af flat rate of $3,781.71 per month in Fiscal Year 2029 2. Billing in Arrears: Logan Systems bills in arrears for all oft the services that it provides. Therefore, by way ofillustration, services provided: in July are billed in August. All invoices shall bej paid in the manner and timeframe  typically used by the County.  Logan Systems will no longer issue a credit equal to the cost of Internet for the office.  Approved by Lee County:  Approved by Logan Systems, Inc. y: Ls AR  -  By:  Name: KIRK D. Smink  Name: Brian L. Robinson  Title COMMSSIEN CHAIPMAN Title: President  Date: 15Jvy a0a4  Date: 7/2/2024  Thisi instrumenf has been preaudited! Inf the manner required! by the Local Goyemment Budget and Fiscal Control Act lundac Kmar Financa Oflicer, Lee County  5    CONTRACT. ADDENDUM FOR CONTRACTS WITHA ANY DEPARTMENT OF LEE COUNTY GOVERNMENT  CONTRACTOR: Logan Systems, Inc. COUNTY DEPARTMENT: Register of Deeds SUBJECT OF CONTRACT: Software, scanning and indexs service DATE/TERM OF CONTRACT: July: 1, 20241 toJ June 30, 2029  Notwithstanding any provision contained int the above referenced Contract orA Agreement which may be tot the contrary, the following provisions arei incorporated and shall apply, supplant and control: Non-appropriation: clause. Contractori acknowledges that Lee Countyi isag governmental entity, and the contract validity ist based upont the availability of public funding undert the authority ofi its statutory mandate. Int the event that publicf funds are unavailable and not appropriated fori the performance oflee County's obligations undert this contract, then this contract shall automatically expire without penalty to Lee County thirty (30) days after written notice to Contractor oft the unavailability. and non-appropriation: ofp publicf funds. Itis expressly agreedt that Lee Countys shall not activate this non-appropriation; provision for its convenience or to circumvent the requirements oft this contract, but onlya as an emergency fiscalr measure duringa a substantial fiscal crisis, whicha affects generally its governmental operations. in the event ofac changei int the Lee County's statutory authority, mandate and mandated1 functions, by state and federal legislative orr regulatory: action, which adversely affects Lee County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty tol Lee County upony written notice to Contractor ofs such limitation or change in Lee County'slegal Dispute eowtoyarsastoene. Any dispute arising undert this Agreement may be settled by mediation int the Statec of North Carolina ina accord withs such procedures asr may! bea available to units ofl localg government under state law. No other dispute resolution procedures shall apply. Jurisdictioni for any legal proceedings concerning this contract or agreement shall bei int the state courtsi int the State of North Carolina. Venue for such Nop pledge oft taxing authority. No deficiency) judgment may ber rendered against Lee County or any agency of Lee Countyi ina any action for breach ofac contractual obligation under this contract. Thet taxing power oft the Lee County isr not pledged directly ori indirectly tos secure any monies due under this contract. Conflict ofl Interest: Ifthisi isac contract for design, engineering, contract administration or similar services, the Contractor will note enter into contracts or agreements with third parties that may present a potential for conflict ofinterest! between Lee County and the third parties regarding the subject matter oft this Contracto or Agreement. Compliance with E-Verify requirements: The Contractor and anyo ofj its subcontractors. must comply with the requirements of Article 2 of Chapter 640 oft the North Carolina General Statutes, if applicable, which requires certain employers to verifyt the work authorization ofe each newly! hirede employee through thet federalE E-Verify program operated byt the United States Department ofH Homeland: Security and othert federala agencies.  authority.  proceedings shalll be Lee County.  Revised 4-9-2024    Divestment from companies that boycott israel: Contractor certifies that (a)i itisr noti identified on the Israel Boycott List ora any other list created! by the NCS Statel Treasurer pursuant tol N.C.G.5. 147--86.80 eta ala and (b)i it will not take any action causingi itt toa appear ona anys such list during the term oft thec contract agreement. Iran Divestment. Act Certification. The Contractor certifies that the Contractor is not listed ont the Final Divestment. List created by the Statel Treasurer pursuant to N.C.G.S. 147-86.58 (theF Final Divestment List)a and the Contractor will not utilize any subcontractors performing work under this Contract whichi isli listed on the Final Divestment List. The Final Divestment List can be found on1 the State Treasurerswebsite att the address and Non-Discrimination! in Employment. The Contractor will not discriminate. againa any employee ora applicant for employment because ofa age, sex, race, creed, national origin or disability. Int the event Contractor is determined byt thet final order ofa ana appropriate agency or court tol bei inv violation oft thisp proyision ora any non-discrimination provision off federal, state orl locall law, this Contract may be suspended ort terminated, in whole or inj part by the County. Ina addition, the Contractor may be declared ineligible for further contracts with the County. Indemnification: The Contractor agrees, tot the fullest extent permitted by law,t toi indemnify andl hold harmiess the County, its officers, directors and employees (collective, County)a againsta allo damages, liabilities, or costs, including reasonable: attorneys' fees and defense costs, to the extent caused by Contractor's negligent performance ofs services undert this Agreement and that ofi its subcontractors or anyonet for whom the Contractor Drug-Free Workplace. During the performance oft this agreement, the Contractor agreest to (i), providea a drug-free workplace fori its employees; (i), posti inc conspicuous places, available1 to employees anda applicants for employment, a statement notifyinge employees oft the unlawful: manufacture, sale, distribution, dispensation, possession, or use ofa controlled: substance orr marijuana is prohibited ini itsv workplace and specifying the actions that willl be taken againste employees for violations of such prohibitions, (ii) state ina alls solicitations or advertisements' for employees placed! by or oni its behaif that it maintains a drug- free workplace; (iv)i include the provisions of thef foregoing clausesi ine everys subcontract or purchase order ofc over $10,000.00: so that the Gov Ops. Contractor. acknowiedges that by contracting with Lee County and receiving public funds, they mayk be subject to potentiale examination, evaluation andi investigation, including access tot buildings and documents and compelled testimony, by the. Joint Legislative Commission on Governmental Operations under Section: 27.10(b) of North Carolina S.L. 2023-134. Contractor: acknowledges that Lee County has no control over the Commission and  should be updated every 180 days.  isk legally liable.  provisions will be! binding upone eachs subcontractor or vendor.  itsa activities.  For the CONTRACTOR:, For LEE COUNTY:. Revised 4-9-2024  mefexsDT  T-COMMSSION CHADMA  bk    LOGAN SYSTEMS, INC. 4003 Clifton Road . Greensboro, NC: 27407 Toll Free: 1-800-342-2208 * Fax: 336-299-9905  LOGKN Saz. 1988 RVIC March 13, 2024 Hon. Pamela Britt Register ofDeeds 1300 S Horner Blvd Sanford, NC2 27330  OGAN .   Re: Contract Renewal Proposal  Dear Ms. Britt:  Logan Systems is proud of our long-term relationship with your office. The automation enhancements made in the office have increased the efficiency of the staff and have improved the public's ability to use the records in your office. In addition, the disaster recovery protection for the records in the office has also dramatically improved as we continue to digitize records. Logan Systems would not have been able to accomplish these advances without the hard work ofy you and your staff.  The current contract between Logan Systems and the County expires on. June 30, 2024. We propose to renew the contract for another five years. We will continue to provide software to accomplish receipting, indexing input, public retrieval, scanning functions, marriage license creation and indexing, remote access (Internet), image printing, electronic recording, and other tasks. We will continue to provide all ofthe hardware for these functions, including servers, staff units, and public units. Currently, the price for the professional services provided by Logan Systems is $3,200.00 per month. During the current five year term of the current agreement, inflation will be over twenty percent. We did not have any term that called for a price  increase due to this unexpected inflation.  Logan Systems proposes to renew our agreement with an increase of 5% in year one and 3% each in years two, three, four and five. Thisi is significantly less than the inflation that we have experienced. We have not had any price increase for the services  that we provide your office in ten years.  Logan Systems will continue to provide your office with enhancements as they are developed. The fees listed above do not cover any conversion work. Conversion  work will continue to be covered by separate agreements.    Iam forwarding a draft of the agreement for professional services. In the new Updated the dates in the introductory paragraph and in the first paragraph of Changed the dates inj paragraph 10 ofsection I regrading authorization for past services ift the agreement is signed by one or both parties after. July 1,2 2024. Removed paragraphs 15, 19, and 20. All three made reference to an RFP and our responses. That attachment has not actually been an attachment for several years.  draft, I have:  Sectionl.  Changed the pricing as discussed above in Section III. Changed the date in the signature block  Ifthese terms are acceptable to you, please let me know and let me know ifyou want me to sign an original paper copy ori ifthe County wants a digital signature. We appreciate your business and look forward to continuing to provide excellent service to you and your staff. Ifyou have any questions, please contact me at the toll-free  number listed above at your convenience.  Sincerely, Craig Zu President  havi  2    PROFESSIONAL SERVICES AGREEMENT  This service agreement between Logan Systems, Inc. ("Logan Systems")a and Lee County, North Carolina (the "County") will become effective this lstday ofJ July, 2024. The respective parties may execute this agreement at different times. Pursuant to the terms outlined below, Logan Systems agrees toj provide professional services to the Lee County Register ofI Deeds ("ROD") for the management oft the permanent records maintained by the ROD. The contract is divided into three sections. The first outlines all general terms common to the services provided to the ROD. The two remaining sections contain specific terms for the services provided and the respective  costs oft those services. I.Common Terms  1. Term ofthe Agreement: The term oft this agreement shall be five years and shall cover the services described herein provided by Logan Systems from 2. Services Provided: Logan Systems provides ai turnkey service that includes all necessary hardware, software, training and support required to maintain the permanent records maintained by the ROD. The services to be provided are 3. Additional Conversion Services: Certain conversion services not listed below may be provided by Logan Systems during the term oft this contract. These 4. Training: All necessary training for both the ROD's staff and the general public will be provided by Logan Systems at no additional charge to the 5. Support: Unlimited support is provided via a toll-free number on business days from 8:00AM through 5:00PM. In addition, other contact numbers for support representatives have been provided for after-hours support. Ifthe problem or question cannot be adequately answered over the telephone, then a support representative will visit the ROD's office at no additional charge. If equipment needs to be repaired or replaced, the target for such replacement is 6. Consumable Supplies: The cost of consumable supplies such as paper, toner, and recording binders are not included in the charges listed below. These 7. Ownership ofHardware and Software: All hardware and software provided as part oft the indexing and imaging services remains the property ofLogan Systems. As such, Logan Systems remains responsible for the replacement, 8. Ownership ofl Data: All data pertaining to the ROD is the property ofLee County and the ROD. Ifrequested, Logan Systems will provide the data to Lee County at no charge in an acceptable format on an acceptable media. Lee  July 1, 2024 through June 30, 2029.  explained in greater detail below.  additional services shall not be subject to this contract.  County.  24 hours.  consumables may be purchased from Logan Systems.  repair, and upgrade of such equipment.      County will either provide the media or reimburse Logan Systems for its 9. Changes in Technology: Iftcchnology changes require Logan Systems to change either the operating systems on which its software and hardware operate, or the type ofhardware or media used in the storage of data, Logan Systems will migrate the data it manages for the ROD to the newer: media at 10. Authorization for Past Services: If either party signs this contract after the July 1, 2024 effective date, this contract specifically authorizes payments for all satisfactorily provided services provided between the end oft the term oft the current contract (June 30, 2024) and the signature dates ofthis contract. 11. Integration Clause: Waiver: This contract, including its attachments, represents the entire agreement between the parties. Any modification or alteration oft this agreement must be done sO in writing and approved by both parties. In addition, no party shall be deemed to have waived any rights pursuant to this agreement without a written document acknowledging the waiver and signed by the party against whom the waiver is asserted. 12., Assignment: Logan Systems may not assign, transfer or otherwise dispose of its obligations and benefits under this agreement with the County without the prior written consent and approval in a writing signed by an authorized 13. Governing Law and Forum: This contract shall be governed in accordance 14. Severability: The provisions of this contract are severable, and should any court of competent jurisdiction deem any provision(s) invalid, the remaining provisions will remain valid, unless such ruling will make further performance under the contract impossible or impose an unconscionable burden upon one 15. Termination for Convenience: Lee County reserves the right to terminate this agreement for convenience by providing Logan Systems with a written notice ofits intent to terminate this agreement. Such written notice must be received by Logan Systems no less then thirty days prior to the proposed termination date in order to be effective. The County will pay Logan Systems for all work completed prior to the termination date. In addition, for work that is in progress at the time oftermination, Lee County will allow Logan Systems to either finish such work and be paid upon completion or Lee County will reimburse Logan Systems at its current book prices for the portion of work completed and its reasonable expenses incurred in an effort to complete the 16. Termination for Funding: This agreement may be terminated at the end ofa fiscal year by the County if adequate funding is not available for the entire agreement. To the extent that partial funding is available, the County and Logan Systems will negotiate in good faith to continue a portion of the 17.) Force Majeure: Neither party shail be liable to the other for any cost or damages ifthe failure to perform arises out of causes beyond the control and  media costs.  no charge to the County.  representative ofthe County.  with the laws oft the State of North Carolina.  of the parties.  work as oft the date of the termination.  serviçes authorized by this agreement.  2    without the fault or negligence of the parties. The definition of force majeure will be consistent with the definition in Section J (page 10) ofthe Request for Proposal. The Request for Proposal is attached hereto as "Exhibit A" and the referenced section is hereby incorporated by reference herein. 18. Independent Contractor: Logan Systems shall be legally considered an independent contractor and neither the contractor nor its employees shall, under any circumstances, be considered servants or agents ofLee County; and Lee County shall be at no time legally responsible for any negligence or other wrongdoing by Logan Systems, its servants, or agents. Lee County shall not withhold from the contract payments to the contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amount for benefits tol Logan Systems. Further, Lee County shall not provide to Logan Systems any insurance coverage or other benefits, including Workers' Compensation, normally provided by Lee County for its employees. 19. Oral Statements: No oral statements of any person shall modify or otherwise affect the terms, conditions, or specifications stated ion this contract. All modifications to the contract must be made in writing signed by an authorized 20. Patents and Royalties: Logan Systems covenants to save, defend, keep harmless, and indemnify Lee County and all its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fines, penalties, and cost including court costs and attorney's fees, charges, liability, and exposure, however caused - for or on account ofany copyright or patented or unpatented invention, process, or article manufactured or used in the performance ofthe contract, including its use by Lee County. IfLogan Systems uses any design, devise, or materials covered by patent or copyright, it is mutually agreed and understood without exception that the contract price includes all royalties or costs arising from the use of such design, devise, or materials in any way in the work. 21. Quality Control: Logan Systems shall institute and maintain throughout the contract period aj properly documented quality control program designed to ensure that the services are provided at all times and in all respects in 22. Right to Audit: Logan Systems shall maintain such financial records and other records as may be prescribed by Lee County or by appliçable federal and state laws, rules, and regulations. Logan Systems shall retain these records for a period of five years after final payment, or until they are audited by Lee County, whichever occurs first. These records shall be made available during the term of the contract and the subsequent five-year period for examination, transcription, and audit by Lee County, its designees, or other 23. Failure to Enforce: Failure by either party at any time to enforce the provisions oft the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity oft the contract orany part thereof or the rights oft the parties to enforce any provision at any  representative ofeach party.  accordance with the contract.  authorized bodies.  time in accordance with its terms.  3    II. Services Provided  1. Traditional Indexing Services: Logan Systems currently provides indexing services to the ROD's office. Iti is this system that allows the ROD'ss staffto input indexing data and print out various verification forms and statistical reports to insure the accuracy of the information. The monthly and annual merges and the corresponding paper prints will continue to be provided. In addition, all corrections to the indexing data will continue to be reflected in paper print outs as appropriate. The ROD intends to index:  Land records Plat book records Birth records Death reçords Marriage records Military discharge records  2. Automated Indexing: Logan Systems currently provides a computer retrieval system that allows for searches ofthe entire indexing database for land records and Financing Statements (up to June 30, 2001, when Financing Statements not effecting real estate are filed at the state level). In addition, the software allows for the retrieval of birth, death, and marriage information as well. Because ofs state laws regarding confidentiality of certain birth records, the software allows the ROD stafft to delete certain birth records. This system will be modified in compliance with the new: indexing standards. 3. Scanning ofLand and Other Records: Logan Systems will provide a scanning system for land record and other data in accordance with Logan Systems' 4. Plat Scanning and Retrieval: Logan Systems will scan all original oversized (larger than 11"x 14") plats in the ROD'soffice. These plats will be made available for viewing and oversized printing in the ROD'soffice. 5. Index and Image Retrieval: Logan Systems currently provides public retrieval units for both indexing and imaging retrieval in accordance with its responses tot the Request for Proposal attached hereto as "Exhibit A." 6. Receipting: Logan Systems currently provides a receipting system to the ROD. The features ofthis system are a result ofc customization requested by 7. Tax Office Access to ROD data: Logan Systems will provide access to the tax office of ROD data. The mechanism for this access will be decided by the 8. Remote Access: Logan Systems currently provides remote access service to the ROD. This service is free to the public on the Internet.  responses to the RFP.  the ROD.  County and Logan Systems.  'Logan Systems shall continue toj print a paper index as long as the County desires such index to be  printed.  4    9. Copy Account Software: Logan Systems will continue to provide a copy account software solution for the public retrieval units maintained by Logan 10. Marriage Form Software: Logan Systems will continue to provide software to create substitute marriage licenses. This software will also be used for 11. Electronic Recording: Logan Systems will work with any electronic recording vendor chosen by the ROD to facilitate electronic recording ofland record instruments in the ROD office. Logan Systems will make revisions to its programs to accommodate electronic recording and any reporting requested 12. Archival Film Creation: Logan Systems will create archival film for the North  Systems.  indexing input ofr marriages.  related to electronic recording. Carolina Archives as required by law.  III. Costo ofServices  1. Monthly Fees: Logan Systems will bill for the ongoing services it provides on  ar monthly basis as follows:  a. A: flat rate of $3,360.00 per month in Fiscal Year 2025 b. A: flat rate of$3,460.80 per month in Fiscal Year 2026 Af flat rate of $3,564.62 per month in Fiscal Year 2027 d. A flat rate of $3,671.56 per month in Fiscal Year 2028 : Af flat rate of $3,781.71 per month in Fiscal Year 2029 2. Billing in Arrears: Logan Systems bills in arrears for all oft the services that it provides. Therefore, by way ofillustration, services provided in July are billed in August. All invoices shall be paid in the manner and timeframe  typically used by the County.  Logan Systems will no longer issue a credit equal to the cost of Internet for the office.  Approved by Lee County:  Approved by Logan Systems, Inc.  By:  By:  Omd  Name: KRD. SmIr  Name: Craig Sanders  Title COMMISSION) QAilmAN Title: President  Dater 15 Juy d024 manner This instrument has been proaudited In the Budget required by thet Local Govemment Cadau and Fisçai ControlAct Finance Olficer, Lee County  Date:  dman    STATE OF NORTH CAROLINA COUNTY OF LEE  AMENDMENT TO HOUSEHOLD HAZARDOUS WASTE SERVICES BETWEEN THE COUNTY OF LEE AND MXI ENVIRONMENTAL SERVICES, LLC ENTERED INTO ON the 5+h DAYofJuly  2024.  This Amendment oft the Contract made between the County of Lee and MXI Environmental  Services, LLC:  Article 2: Term of Agreement  The term oft this contract will be extended for a final period of one (1) year ending September  21, 2025. All other terms and conditions oft this section remain the same.  Article 5: Fees & Rate Adjustments  Fees and rate adjustments have been made according to the terms and conditions of the Contract. All fees and rates are outlined in Attachment 1 oft this Amendment. All other Terms and Conditions of the entire contract remain the same.  In witness whereof, the County and Contractor have executed this contract amendment as of  this day and year first written: COUNTYOF LEE BY: Kirk'Smith, Chair ATTEST: silwn Hailey Hall  MXI Environmental Services, LLC  BY:  mD.Endu Lee County Board of Commpisss ACOUNTY  GRL  ATTEST:  Clerk to the Board of Commissdb CAR  DATE:. 415/14  DATE:  This instrument has been pre-audited in the manner required by the Local Government Budget  and Fiscal Control Act. Cndaukinen Candace Iceman, Finance Officer    Service #1 Annual Household Hazardous Waste Collection Day  NOTE:  Proposals will be evaluated based on cost per pound for supplies used and items collected for reuse, reclaim or disposal. Please itemize costs per item, per pound unless specifically noted otherwise. Unit costs must be specified  using' Table 1 as contained herein.  Total cost for mohlzatoncmohlization TABLE1: Unit Fees for Lee County HHW  3500.00  WASTE DESCRIPTION Paint (in cans) High BTU) Liquids Low BTULiquids Aerosols Loose pack Caustics Loose pack Acids Loose pack Flammables Loose pack Oxidizers Lab pack Reactive Lab pack Organics Florescent Light Tubes Compact Florescent Bulbs Mercury Debris (thermometers, switches, etc) NiCd Batteries Alkaline Batteries Lithium Batteries Used Motor Oil/Antifreeze Oil Filters Propane Gas Cylinders- Handheld Cylinders Other Asbestos Fire Extinguishers  UNITS DISPOSAL FACILITY MXIE Environmental Services LLC MXI Environmental Services LLC MXI Environmental Services LLC MXIE Environmental Services LLC MXIE Environmental Services LLC MXI Environmental Services LLC Treatment MXIE Environmental Services LLC Fuel Blend MXIE Environmental Services LLC MXI Environmental Services LLC MXI Environmental Services LLC Incineration 8'b bulb MXIE Environmental Services LLC Recycle MXIE Environmental Services LLC MXI Environmental Services LLC Recycle MXI Environmental Services LLC Recycle MXIE Environmental Services LLC Recycle MXI Environmental Services LLC Recycle MXI Environmental Services LLC Recycle MXI Environmental Services LLC Recycle MXIE Environmental Services LLC landfill ext. MXI Environmental Services LLC Recycle  DISPOSAL TECHNOLOGY Fuel Blend Fuel Blend Fuel Blend Fuel Blend Treatment Incineration Incineration Recycle  UNIT PRICE* 0.28 0.28 0.28 0.83 0.83 0.83 0.60 1.93 3.30 1.10 0.83 1.65 1.65 2.20 1.05 1.05 3.30 1.10 0.55 5.50 Case by case 0.28 5.50  Ib. Ib. lb. Ib. Ib. Ib. Ib. Ib. Ib. Ib. 4'bulb Ib. Ib. Ib. Ib. Ib. cyl. cyl lb.  gal. MXI Environmental Services LLC filter MXI Environmental Services LLC  Recycle Recycle  21    Pesticides, herbicides, fungicides and insecticides will be disposed of by North Carolina Department of Agriculture at a later date. The contraçtor may be responsible for collecting, segregating, preparing and transporting said items to a Lee County facility. The cost for this  service to the County is as follows:  $ no charge  *The unit price must be inclusive of all materials, labors, transportation and disposal beyond the scope of the mobilizationéemoblization cost. Any costs, such as minimums (ex. $75.00 minimum per 5 gallon  pail) must be clearly spelled out in cost proposal.  Service #2 Latex Paint Recycling Services  Description Latex Paint  Unit Size 55 Gallon Drum  Unit Price 140.00  Unit Price to include the following:  Pickup at location designated by Lee County  Transportation necessary to deliver all materials and pickup wastes Materials (drums) for packaging paint including any required labels.  Describe any other fees that may be applicable  We understand and agree to execute the proposal as presented, if awarded the contract, per all  specifications, terms and conditions outlined with the RFP document.  22    STATE OF NORTH CAROLINA COUNTY OF LEE  AMENDMENT TO HOUSEHOLD HAZARDOUS WASTE SERVICES BETWEEN THE COUNTY OF LEE AND MXI ENVIRONMENTAL: SERVICES, LLC ENTERED INTO ON the 1A" DAYO.w4  2023.  This Amendment of the Contract made between the County of Lee and MXI Environmental  Services, LLC:  Article 2:Term of Agreement  The term oft this contract will be extended for an additional period of one (1) year ending September 21, 2024. All other terms and conditions oft this section remain the: same. Fees and rate adjustments have been made according to the terms and conditions of the Contract. All fees and rates are outlined in Attachment 1 oft this Amendment. All other Terms and Conditions oft the entire contract remain the same.  Article 5: Fees & Rate Adjustments  In witness whereof, the County and Contractor have executed this contract amendment as of  this day and year first written: COUNTY OFAEE BY: KirkSmith, Chair ATTEST: smil Hailey Hall  MXI Environmental Services, LLC Roralk Bettn  BY:  mofttu Lee County Board of Commissioners  ATTEST:  COUNT 049 SLINT à gu a  ECk  Risebuk  Clerk to the Board of Copuiss DATE: 1174173  DATE: 8/9la023  This instrument has been pre-audited int the manner required by the Local Government Budget  and Fiscal Control Act. Candau Swan Candace Iceman, Finance Officer    Service #1 Annual Household Hazardous Waste Collection Day  NOTE:  Proposals will be evaluated based on cost per pound for supplies used and items collected for reuse, reclaim or disposal. Please itemize costs per item, per pound unless specifically noted otherwise. Unit costs must be specified  using' Tablel as contained herein.  Total cost for mohiz2atom.emoalzation: TABLE1: Unit Fees for Lee County HHW  3500.00  WASTE DESCRIPTION Paint (in cans) High BTU Liquids Low BTU Liquids Aerosols Loose pack Caustics Loose pack Acids Loose pack Flammables Loose pack Oxidizers Lab pack Reactive Lab pack Organics Florescent Light Tubes Compact Florescent Bulbs Mercury Debris (hermometers, switches, etc) NiCd Batteries Alkaline Batteries Lithium Batteries Used Motor Oil/Antifreeze Oil Filters Propane Gas Cylinders- Handheld Cylinders - Other Asbestos Fire Extinguishers  UNITS DISPOSAL FACILITY MXIE Environmental Services LLC MXI Environmental Services LLC MXI Environmenta!! Services LLC MXI Environmental Services LLC MXI Environmental Services LLC MXI Environmental Services LLC Treatment MXI Environmental Services LLC Fuel Blend MXI Environmental Services LLC MXI Environmental Services LLC Incineration MXI Environmental Services LLC Incineration 8'b bulb MXI Environmental Services LLC Recycle MXI Environmental Services LLC MXIE Environmental Services LLC Recycle MXIE Environmental Services LLC Recycle MXI Environmental Services LLC Recycle MXI Environmental Services LLC Recycle  DISPOSAL TECHNOLOGY Fuel Blend Fuel Blend Fuel Blend Fuel Biend Treatment Incineration  UNIT PRICE* 0.28 0.28 0.28 0.83 0.83 0.83 0.60 1.93 3.30 1.10 0.83 1.65 1.65 2.20 1.05 1.05 3.30 1.10 0.55 5.50 Case! by case 0.28 5.50  Ib. Ib. Ib. Ib. Ib. Ib. Ib. Ib. Ib. Ib. 4'b bulb Ib. Ib. Ib. Ib. lb. cyl. cyl Ib.  Recycle  gal. MXI Environmental Services LLC filter MXI Environmental Services LLC  Recycle Recycle  MXI Environmental Services LLC Recycle MXI Environmental Services LLC Recycle MXIE Environmental Services LLC landfill ext. MXI Environmental Services LLC Recycle  21    Pesticides, herbicides, fungicides and insecticides will be disposed of by North Carolina Department of Agriculture at a later date. The contractor may be responsible for collecting, segregating, preparing and transporting said items to a Lee County facility. The cost for this  service to the County is as follows:  $ no charge  *The unit price must be inclusive of all materials, labors, transportation and disposal beyond the scope of the mohlizationemohilization cost. Any costs, such as minimums (ex. $75.00 minimum per 5 gallon  pail) must be clearly spelled outi in cost proposal.  Service #2 Latex Paint Recycling Services  Description Latex Paint  Unit Size 55 Gallon Drum  Unit Price 140.00  Unit Price to include the following:  Pickup at location designated by Lee County  Transportation necessary to deliver all materials and pickup wastes Materials (drums) for packaging paint including any required labels.  Describe any other fees that may be applicable  We understand and agree to execute the proposal as presented, if awarded the contract, per all  specifications, terms and conditions outlined with the RFP document.  22    HOUSEHOLD HAZARDOUS WASTE SERVICES AGREEMENT  This HOUSEHOLD HAZARDOUS WASTE SERVICES AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 21st day of September, 2020 by and between MXI Environmental Services, LLC a Virginia corporation, with a place ofbusiness at 26319 Old Trail Road, Abingdon, VA24210 (hereinafter referred to as the "Contractor") and Lee County, North Carolina, a North Carolina body politic and corporation (hereinafter referred WHEREAS, the County desires to ensure the economical and environmentally sound WHEREAS, the County desires to conduct a Household Hazardous Waste Collection Program annually on the first Saturday of November, to provide a convenient place where citizens ofLee WHEREAS, the County desires to hire a professional contractor knowledgeable and WHEREAS, the Contractor has represented that it is staffed with personnel knowledgeable and experienced in conducting such a waste management program which is in compliance with and meets all the requirements of applicable federal and state laws and regulations pertaining to the collection, transportation, and disposal and/or recycling of! household hazardous waste. NOW THEREFORE, in consideration oft the mutual covenants and. agreements set forth herein, and for other goods and valuable consideration, the receipt and sufficiency of which are hereby  to as the "County").  management ofhousehold hazardous wastes; and  County can dispose ofl household hazardous wastes; and  experienced in conducting such waste management programs; and  acknowledged, the parties have agreed as follows:  ARTICLE1 Exclusive Arrangement  The County agrees to utilize the Contractor as the exclusive provider oft the services as outlined in Article 3 for the term ofthis Agreement, and the Contractor. agrees to provide said services.  ARTICLE2 Term of Agreement  The term of the Agreement shall be for a three (3) year period commencing upon the date of the execution of the Agreement and ending three (3) years from the effective date unless otherwise terminated under another clause ofthe Agreement. The terms of the Agreement may be renewed  Page lof9    for two (2) additional one (1) year periods by mutual agreement of the parties expressed in  writing prior to the conclusion oft the then current term.  ARTICLE3 Scope of Services  The Contractor shall perform in a good and professional manner the services as identified in and according to its Proposal submitted in response to the County's Request for Proposals for Household Hazardous Waste Services. Said Proposal is included in this Agreement as  Attachment A.  ARTICLE4 Generator  The Contractor shall accept title to Wastes upon its representative's agreement to accept such Waste for handling. In all other circumstances and at all other times all Wastes at the Site shall be the property of the County. Title to the waste shall pass to the Contractor upon acceptance of said waste. The Contractor shall be deemed to be the "Generator," for record keeping and paperwork purposes, of all Wastes accepted by the Contractor for handling under this  Agreement.  ARTICLES Fees & Rate Adjustments  All fees for services, as outlined in Attachment A, shall remain fixed throughout the initial three (3) year term of the Agreement. The Contractor shall be entitled to a rate adjustment commencing upon the renewal of the Agreement for each of the two (2) additional one (I)year  periods.  ARTICLE6 Payment to Contractor  The County agrees to pay at the rates specified in Attachment A for services satisfactorily performed in accordance with this contract. Unless special arrangements have been agreed to between the County and the Contractor, the Contractor shall submit an itemized invoice to the County after the performance of services. Payment will be processed on the 15th of the month if received by the 2nd of said month contingent upon approval of the invoice by the County. Said  invoice shall include an itemized list by specific waste.  Page 2of9    ARTICLE7 Non-Appropriation ofl Funds  Not-withstanding anything contained in the Agreement to the contrary, no default of the terms of the Agreement shall be deemed to have occurred if adequate funds are not appropriated by the County Board of Commissioners during a subsequent fiscal period during the term of the Agreement sO as to enable the County to meet its obligations hereunder. In such event, the County will promptly notify the Contractor of the non-appropriation and the Agreement will be terminated at the end of the fiscal year for which the funds were appropriated. No act or omission by the County, which is attributable to non-appropnation of funds shall constitute a  breach of or default under the. Agreement.  ARTICLE8 Independent Contractor  Both the County and the Contractor agree that the Contractor shall act as an independent contractor and shall not represent itself as an agent or employee oft the County for any purpose in the performance of the Contractor's duties under this contract. Accordingly, the Contractor shall be responsible for payment of all Federal, State and local taxes arising out of the Contractor's activities in accordance with this contract, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment insurance taxes, and any other In performing the services, the Contractor is acting as an independent contractor and shall perform services in accordance with currently approved methods and practice in the Contractor's professional capacity and in accordance with the standards of applicable professional  taxes or business license fees as required.  organizations and licensing agencies.  ARTICLE9 Force Majeure:  Neither party shall be liable for any delay in or inability to perform its obligations hereunder if immediate notice is given thereof and if the delay or inability is due to any event beyond the reasonable control of such party such as but not limited to, acts of God, fire, flood, storm, explosion, riot, war, strike, or other labor troubles, government orders or regulations or any other  circumstances ofal like or different nature.  ARTICLE 10 Indemnification  The Contractor will indemnify and hold harmless the County and all ofits agents and employees from and against any and all claims, losses, damages, injuries, costs (including court costs and reasonable attorney's fees), charges, liabilities or exposure (collectively, Losses"), however  Page 3of9    caused, resulting from, arising out of or in any way connected with a willful or negligent act or omission oft the Contractor, its officers, agents, and servants in its or their performance under this Agreement or the non-pertormance of the terms or the Contractor's obligations under this Agreement; provided, however, that the Contractor will not be liable for any Losses to the extent caused, resulting from or arising out ofori in any way connected with a willful or negligent act or omission oft the County, its elected and appointed officers, agents, servants and employees. The Contractor shall be fully responsible to the County for the acts and omissions of its sub- contractors and of persons either directly or indirectly employed by it, as the Contractor is for the  acts and omissions of persons directly employed byi it.  ARTICLE11 Damage Claims  The Contractor shall be responsible for any damage to real or personal property to the extent caused by the Contractor's employees, agents or servants in performing the Services under this The Contractor shall notify the Point of Contact for the County, or his/her authorized representative, of any damage claims as soon as practicable. The Contractor shall provide the Point of Contact for the County or his/her authorized representative with a full written  Agreement.  explanation of the resolution of the damage claim.  ARTICLE 12 Insurance  The Contractor shall at all times during the Term maintain in full force and effect Worker's Compensation, Employer's Liability, Automobile Liability, General Liability and Pollution Legal Liability coverage written by insurance companies licensed to do business in the State of North Carolina. The Contractor agrees to furish the County with Certificates of Insurance or other evidence reasonably satisfactory to the County to evidence that such insurance has been procured and is in force. Such certificates will contain a provision that the policies will not be cancelled without providing the County with thirty (30) days written notice. Insurance coverages  will be in at least the following amounts:  Worker's Compensation - Statutory; Employer's) Liability $1,000,000 per occurrence; $2,000,000 annual aggregate combined single limit;  General Liability (bodily injury and property damage) - $1,000,000 per occurrence, Automobile Liability $5,000,000 per occurrence combine single limit; Contractor Pollution Legal Liability $5,000,000 per occurrence, $10,000,000  aggregate;  Page 4 of9    Pollution Legal Liability for sudden and accidental occurrences $5,000,000 per MCS-90 Endorsement for hazardous materials transportation $5,000,000., An excess liability policy (Umbrella) may be used in conjunction with specific policies to The Contractor shall maintain liability insurance in the amount of at least $1,000,000 covering The Contractor's obligations under this Agreement, including but not limited to injuries and damages arising out of vandalism, theft, fire, and explosion at the Site.  occurrence, $10,000,000 annual aggregate;  satisfy required limits.  ARTICLE1 13 Licenses  The Contractor certifies that, on the day of collection, transportation, and disposal of the Waste, A. Valid Environmental Protection Agency ("EPA") identification numbers for collection, packaging, transportation, storage and disposal of hazardous and acutely hazardous  itori its subcontractors will have:  wastes; and  B. A valid North Carolina or other applicable permits for all of the above activities; and C. Any other license or permit required by federal or state law to engage in the activities  provided for herein.  ARTICLE 14 Health and Safety  The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all from the work and other persons who may be affected thereby.  ARTICLE15  Non-Discrimination in Employment  Contractor shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their age, sex, race, creed, or nation origin. In the event Contractor is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state or local law or this provision, this Agreement may be canceled, terminated or  Page 5of9    suspended in whole or in part by the County, and Contractor may be declared ineligible for  further County agreements/contracts.  ARTICLE: 16 Compliance with Law  Contractor warrants that it will comply with all federal, state and local laws, ordinances, rules and regulations applicable to its performance under this Agreement, including, without limitation, the Fair Labor Standards Act of 1938, as amended, the Equal Employment Opportunity Clause prescribed by Executive Order 11246 dated September 24, 1965 as amended, and any rules, regulations or orders issued or promulgated under such Act and Order. Contractor shall indemnify and save and hold County from and against any and all claims, damages, demands, costs and losses which the County may suffer in the event that vendor fails to comply with said Act, Order, rules, regulations or orders. Contractor further warrants that all goods and services sold hereunder will comply with and conform in every respect to the standard applicable to the use ofs such goods and services under the Williams-Steiger Occupational Safety and Health Act of 1970, as amended, and any regulation to be included in a contract of the type evidenced  by this document shall be deemed to bei incorporated herein.  ARTICLE17 Governing Body  This Agreement shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this Agreement shall be brought in the General Court of Justice of the State of North Carolina or in the Federal District Court for the Middle  District of North Carolina.  ARTICLE 18 Completeness of Agreement  This Agreement and any documents incorporated by reference herein contain all the terms and conditions agreed by the County and the Contractor, and no other agreements, oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind  any oft the parties hereto unless executed by both parties.  ARTICLE 19 Right to Require Performance  The failure of the County at any time to require performance by Contractor of any provisions hereof, shall in no way affect the right of the County thereafter to enforce same. Nor shall  Page6 6of9    waiver by the County of any breach of any provision hereof be taken or held to be a waiver of  any succeeding breach ofs such provision or as a waiver of any provision itself.  ARTICLE2 20 Severability  Ifany provision of this Agreement shall be declared illegal, void, or unenforceable, the other  provisions shall not be affected, but shall remain in full force and effect.  ARTICLE21 Modification  No modification of this Agreement shall be binding on the Contractor or the County unless set  out in writing and signed by both parties.  ARTICLE22 Termination  Either party may terminate this Agreement, with or without cause, upon sixty (60) days prior written notice to the other. In the event of termination, any work in progress will continue to completion. The County shall pay for any such work in progress that is completed by the  Contractor.  ARTICLE 23 Notice  A letter addressed and sent by certified United States mail to either party at its business address shown herein, shall be sufficient notice whenever required for any purpose in this Agreement.  Point of Contact for County:  Lee County General Services 805 S. Fifth Street Sanford, NC: 27330  ATTN: Joseph T. Cherry, Solid Waste Superintendent  Point of Contact for Contractor:  MXI Environmental Services, LLC ATTN: Peggy Snead 26319 Old Trail Road Abingdon, VA 24210  Page 7of9    ARTICLE24 Assignability  The County and the Contractor bind themselves and any successors and assigns to this Agreement. Neither party may assign this Agreement, or any portion thereof, without the prior written consent of the other party. This paragraph shall not prevent either party from using agents or sub-contractors for the performance ofs services under this Agreement. IN WITNESS WHEREOF, this Household Hazardous Waste Services Agreement is made and  entered into as oft the date first set forth above.  LEE COUNTY  By: AMhlayh Amy M. Dalrymple, Chair Lee County Board of Commissioners pdu Gennifef/Samble, V  ATTEST:  (Seal)  Clerk to the Board of County Commissioners  MXI Environmental Services, LLC Kbtlhtin ATTEST: Ay Sc  By:  (Seal)  This instrument has been preaudited in the manner required by the Local Government and Fiscal  Control Act. By: Finance Officer/Deputy Ee  pne  County Manager  Page 8 of9    STATE OF NORTH CAROLINA COUNTY OFLEE  I,al Notary Public of the County and State aforesaid, certify that Jennifer Gamble came before me this day and acknowledged that she is the Clerk of the Lee County Board of Commissioners and that by authority duly given and as the act oft the Board of Commissioners of Lee County, the foregoing instrument was signed in its name by its Chairman, sealed with its Witness my hand and stamp and seal, this aI dayo of Seplember ,2020.  corporate seal and attested by her as its Clerk.  Suoanmilo (seal)  Notary Public  My Commission expires: 5-20-23  AN Mii NOTARY PUBLIC RPUNTLN  Vivginia Mashingta SAad  STATE OF NORTHCAROLINA  COUNTY OF certify that  a Notary Public of the County and State aforesaid, came before me this day and acknowledged that of MXI Environmental Services, LLC and sealed with its corporate seal and attested   (s)he is the MuagiNa Mwbr  that by authority duly given and as the act of the corporation, the foregoing instrument was  signed in its name byi its Maospig! Nenba by him/herself as its WesS  Witness my hand and stamp and seal, this 4d dayof OCker  2020. (seal)  Paasa Bay Bul NotarylPublis 184A33  My Commission expires: 04a0ah43  PEGGY ANN SNEAD NOTARY PUBLIC REGISTRATION NO. 186933 My COMMONWEALTHG Commission OF VIRGINIA Expires April 30,2023  Page 9of9    Service #1 Annual Household Hazardous Waste Collection Day  NOTE:  Proposals will be evaluated based on cost per pound for supplies used and items collected for reuse, reclaim or disposal. Please itemize costs per item, per pound unless specifically noted otherwise. Unit costs must be specified  using Table 1 as contained herein.  Total cost for mollszatonecmohlation TABLE1: Unit Fees for Lee County HHW  3500.00  WASTE DESCRIPTION Paint (in cans) High BTU Liquids Low BTU Liquids Aerosols Loose pack Caustics Loose pack Acids Loose pack Flammables Loose pack Oxidizers Lab pack Reactive Lab pack Organics Florescent Light' Tubes Compact Florescent Bulbs Mercury Debris (hermometers, switches, etc) NiCd Batteries Alkaline Batteries Lithium Batteries Used Motor Oil/Antifreeze Oil Filters Propane Gas Cylinders- Handheld Cylinders - Other Asbestos Fire Extinguishers  UNITS DISPOSAL FACILITY MXIE Environmental Services LLC MXIE Environmental Services LLC MXI Environmental Services LLC MXIE Environmental Services LLC MXIE Environmental Services LLC MXI Environmental Services LLC Treatment MXI Environmental Services LLC Fuel Blend MXI Environmental Services LLC MXI Environmental Services LLC MXI Environmental Services LLC Incineration 8'b bulb MXIE Environmental Services LLC Recycle MXI Environmental Services LLC MXIE Environmental: Services LLC Recycle MXI Environmental Services LLC Recycle MXIE Environmental Services LLC Recycle MXIE Environmental Services LLC Recycle MXI Environmental Services LLC Recycle MXI Environmental Services LLC Recycle MXIE Environmenta! Services LLC landfill ext. MXIE Environmental Services LLC Recycle  DISPOSAL TECHNOLOGY Fuel Blend Fuel Blend Fue! Blend Fuel Blend Treatment Incineration Incineration Recycle  UNIT PRICE* 0.28 0.28 0.28 0.83 0.83 0.83 0.60 1.93 3.30 1.10 0.83 1.65 1.65 2.20 1.05 1.05 3.30 1.10 0.55 5.50 Case by case 0.28 5.50  Ib. Ib. Ib. Ib. Ib. Ib. Ib. Ib. lb. Ib. 4'bulb Ib. Ib. Ib. lb. Ib. cyl. cyl Ib.  gal. MXI Environmental Services LLC filter MXI Environmental Services LLC  Recycle Recycle  21    Pesticides, herbicides, fungicides and insecticides will be disposed of by North Carolina Department of Agriculture at a later date. The contractor may be responsible for collecting, segregating, preparing and transporting said items to a Lee County facility. The cost for this  service to the County is as follows:  $ no charge  *The unit price must be inclusive of all materials, labors, transportation and disposal beyond the scope of the mobilizatiov-emobhliraton cost. Any costs, such as minimums (ex. $75.00 minimum per 5 gallon  pail) must be clearly spelled out in cost proposal.  Service #2 Latex Paint] Recycling Services  Description Latex Paint  Unit Size 55 Gallon Drum  Unit Price 140.00  Unit Price to include the following:  Pickup at location designated by Lee County  Transportation necessary to deliver all materials and pickup wastes Materials (drums) for packaging paint including any required labels.  Describe any other fees that may be applicable  We understand and agree to execute the proposal as presented, if awarded the contract, per all  specifications, terms and conditions outlined with the RFP document.  22    MEMO1 TO: FROM: SUBJECT: DATE:  LEEC COUNTYBOARDI OFC COMMISSIONERS LISAN MINTER, LEEC COUNTYMANAGER BUDGET AMENDMENT# 7/15/24/01 July 15,2024  SECTIONI. THE FOLLOWING GENERALI FUND( (1100) REVENUE INCREASES AREH HEREBY APPROVED:  CURRENT BUDGET  NEW CHANGE BUDGET 6,704,208 1,539,392 8,243,600 61,114 61,114 12,474 12,474 63,485 63,485 1,676,465  DEPARTMENT Fund Balance Health Health Health  ACCOUNT#  DESCRIPTION TOTAL CHANGES  1100-3 3990-39900 Fund Balance Appropriated 1100-3510-33680 621 ARPAI Funds 1100-3510-33500 NEHA-FDA Grant 1100-3510-33670 DEHNRE Bioterrism  SECTIONI. THE FOLLOWING GENERAL FUND( (1100) EXPENSE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET CHANGE BUDGET 30,000 1,620,726 1,395,591 3,016,317 279,834 2,000 1,667 252 300 200 200  NEW 30,000 60,000 17,675 17,675 42,376 322,210 7,721 7,721 2,350 2,350 50 2,050 252 1,919 2,045 2,045 1,275 1,275 1,477 1,477 50 302 419 419 275 575 1,144 1,144 1,038 1,238 7,723 7,723 3,850 3,850 1,565 1,565 102 102 250 450 1,221 1,221 40 40 794 794 2,544 2,544 269 269 699 699 275 1,375 283 283 3,405 4,592 329 329 1,616 8,564 10,547 10,547 350 350 330 330 880 880 1,013 1,113 6,579 6,579 3,850 3,850 1,329 1,329 227 327 546 546 2,473 2,473 1,000 3,000 6,000 10,500  DEPARTMENT Legal IT GeneralServices Buildinga and Grounds Emergency Services Firel Marshal Health Health Health Health Health Heaith-Maternal Health-Maternal Health- Child Health- Child Health-Primary Health-Primary Health-Primary Health-Primary Health-Primary Health- Promo Health- Promo Health- WICCS Health- wICCS Health- WICC CS Health- WICO CS Health- wICCS Health- Family Planning Health- Family Planning Health- Animal Control Health- Animal Control Environmentall Health Environmentall Health Environmentall Health Environmentall Health Health- Bio Terrorism Health- Immunizations Health- Immunizations Health- Immunizations Environmentall Health Environmentall Health  ACCOUNT#  DESCRIPTION  1100-4150-43120 Professional Services- Legal 1100-4210-46413 Technology Equipment $50008 &> 1100-4262-46200 Building! Improvements 1100-4262-46411 Capital Outlay $5000 andA Above 1100-4371-46400 Capital Outlay 1100-4372-46412 Technology Equipment $5000&> 1100-5100-43520 Postage 1100-5100-43540 Printing 1100-5100-46412 Technology Equipment $5000 &> 1100-5100-46415 Equipment $500 1100-5100-46416 Technology! Equipment <$500 1100-5101-43520 Postage 1100-5101-46415 Equipment <$500 1100-5102-43520 Postage 1100-5102-46400 Capital Outlay 1100-5103-43520 Postage 1100-5103-46400 Capital Outlay 1100-5103-46411 Capital Outlay $5000a andA Above 1100-5103-46415 Equipment < $500 1100-5103-46416 Technology Equipment  $500 1100-5104-43520 Postage 1100-5104-46416 Technology Equipment $500 1100-5105-43520 Postage 1100-5105-44200 EDPS Supplies 1100-5105-46412 Technology Equipment $5000&> 1100-5105-46415 Equipments <$500 1100-5105-46416 Technology Equipment < $500 1100-5107-43520 Postage 1100-5107-46415 Equipment<$500 1100-5108-46400 Capital Outlay 1100-5108-46416 Technology Equipment < $500 1100-5109-44100 Offire/Departmental: Supplies 1100-5109-46400 Capital Outlay 1100-5109-46415 Equipment <$500 1100-5109-46416 Technology Equipment $500 1100-5111-44170 Medica/Educational: Supplies  1,100 1,187 6,948 100 100 2,000 4,500  Health- Communicable! Diseases 1100-5115-43520 Postage Heaith- Communicable! Diseases 1100-5115-46400 Capital Outlay Health- Communicable Diseases 1100-5115-46411 Capital Outlay $5000 andA Above Health- Communicable Diseases 1100-5115-46415 Equipment <$500  1100-5117-43520 Postage 1100-5117-46412 Technology Equipment $50008 &> 1100-5117-46416 Technology! Equipment $500 1100-5109-43400 Conference: and MTGF Registration 1100-5109-43410 Travel    DEPARTMENT Environmentall Health Environmentall Health Bioterrorism Recreation  ACCOUNT! #  DESCRIPTION TOTAL CHANGES DESCRIPTION TOTAL CHANGES  BUDGET CHANGE BUDGET  1100-5109-44101 Office Supplies Discretionary 1100-5109-46400 Capital Outlay 1100-5111-46411 Capital Outlay $5000 and/ Above 1100-6120-46411 Capital Outiay $5000 andA Above  5,474 5,474 1,303 1,303 63,485 63,485 42,376 133,238 1,676,465  90,862 CURRENT BUDGET  SECTIONI I. THE FOLLOWING OPIOID SETTLEMENT FUND (2116) REVENUE INCREASES AREH HEREBY APPROVED:  NEW CHANGE BUDGET 323,486 323,486 323,486  DEPARTMENT Opioids Settlement  ACCOUNT#  2116-3990-39900 FundE Balance Appropriated  SECTIONIV. THEFOLLOWING OPIOID SETTLEMENT FUND (2116) EXPENSEINCREASES ARE HEREBY APPROVED:  CURRENT  NEW 30,000 30,000 101,082 101,082 7,733 7,733 13,748 13,748 5,055 5,055 14,868 14,868 105,000 105,000 16,000 16,000 20,000 20,000 10,000 10,000 323,486  DEPARTMENT Admin Community Support Community: Support Community Support Community Support Community Support Community Support Community Support Community: Support Community Support  ACCOUNT# 2116-4120-43100 Professional Services 2116-4151-41200 Salaries and Wages 2116-4151-42100 FICA 2116-4151-42210 401k 2116-4151-42220 Retirement 2116-4151-42300 Groupl Insurance 2116-4151-43100 Professional Services 2116-4151-44170 Medica/Educational: Supplies 2116-4151-44760 Transportation: &1 Incentives  DESCRIPTION  BUDGET CHANGE BUDGET  Contracted: Services Medical TOTALCHANGES  SECTIONV. THEF FOLLOWING! SOLIDI WASTE FUND( (6200) REVENUE INCREASES AREI HEREBY APPROVED:  CURRENT BUDGET CHANGE BUDGET 193,794  NEW 43,488 237,282 43,488  DEPARTMENT Fund Balance  ACCOUNT#  DESCRIPTION TOTAL CHANGES DESCRIPTION TOTAL CHANGES  6200-3 3990-3 39900 Fund Balance Appropriation  SECTIONVI. THEFOLLOWING: SOLIDI WASTEF FUND (6200) EXPENSE INCREASES AREI HEREBY APPROVED:  CURRENT BUDGET  NEW CHANGE BUDGET 43,488 43,488 43,488  DEPARTMENT Waste Collection  ACCOUNT#  6200-4712-46411 Capital Outlays $5000 andA Above  COUN?  AILEYH  TOTHE PARD  tyima SAlL    MEMORANDUM OF UNDERSTANDING BETWEENTHE TOWN OF BROADWAY  AND LEE COUNTY GOVERNMENT  WHEREAS, the Town of] Broadway (hereinafter referred to as "Town") and Lee County (hereinafter referred to as "County"), pursuant to North Carolina General Statue $ 160A-461,  desire, by mutual agreement to enter into a legally binding contract; and  WHEREAS, Lee County has network assets, including network switching equipment and serveri infrastructure, installed at the Town ofBroadway's City Hall located at 103 N. Main  Street, Broadway, NC; and  WHEREAS, both Parties agree that having a generator installed at City Hall would protect both County and Town's assets and the County agrees tol help fund some oft the initial  costs of the purchase and installation of the generator;  NOW THEREFORE, the parties, based upon mutual promises and agreements and other The Town will procure and purchase the generator from a vendor ofits choosing, with coordination from the County. County General Services staff agrees to help the Town evaluate vendors and review the purchase and installation agreement and any future maintenance agreements. The County must consent to the price oft the purchase and installation before the Town can approve and execute the purchase  proper consideration, agree as follows:  I.  agreement.  II. Once the Town has been invoiced for the purchase and installation, the Town will invoice the County for fifty percent (50%) ofthe purchase and installation fee, which ise estimated at $43,000, but could be more or less. The County will pay the Town's  invoice within thirty days ofr receipt ofinvoice. County's staff can be present during installation.  III. Prior to installation, Town's staff will notify the County of the installation date so the IV. During installation, the Town's staff will complete handoff training from the vendor to ensure Town's staffi is properly trained toj perform monthly testing of the generator. Itv will be Town'sr responsibility to ensure there is always an employed staff member who is trained on the generator. Notification of monthly testing should be emailed to the County's General Services Director within five days of completion of testing. V. The generator will remain an asset ofthe Town during its useful life. The Town will VI. Once the generator has been installed, the County will purchase the fuel necessary to fill the generator to its advised capacity based on the vendor'si requirement. This  add the generator as an asset on its liability insurance.  1    initial fuel purchase will be a one-time expense.  VII. After the initial one-time expense ofi fuel paid for by the County, the Town will be solely responsible for purchasing the necessary fuel to keep the generator in good  working condition.  VIII. The Town will carry all annual maintenance contracts and cover the cost of those maintenance contracts, including funding annual minor and major preventive maintenance, annual diesel fuel treatment, and one hour load bank testing every other year. The Town will perform maintenance as required and suggested by the generator's manufacturer. The Town will send copies of the maintenance agreements and reports of maintenance work performed to the County. These reports will be due thirty days after the Town receives the report and should be sent directly to the County's General Services Director. These annual maintenance contracts and reports will be updated each year until the useful life of the generator has expired. IX. If, during the useful life of the generator, failures of components occur outside of regular maintenance under the maintenance agreements, the Town will immediately notify the County oft the need for the additional maintenance. Ifthe County agrees the repair/maintenance is necessary, the County will pay half ofthe invoice. The invoice must be sent to the County and the County will pay the invoice within thirty  days ofi receipt.  X. The Town must immediately notify the County when it determines the useful life of the generator is expiring. At that time, the Parties must agree to a new agreement covering the expense of purchasing and installing a new generator.  XI. Once notified that the useful life oft the generator is expiring, the County will be requested to come and view the generator. Itwill be the responsibility of the' Town to dispose oft the generator according to North Carolina property disposal statutes. XII. The Town shall maintain all accounts, books, ledger, journals and records related to maintenance and payment ofr maintenance during the life oft the generator. XIII. The Town is solely responsible for any and all liability in connection with this generator and to the extent provided by law, fully indemnifies and holds Lee County, its officers, agents and employees harmless from any and all liability for any actions, subcontractor disputes, injuries or other claims of any kind, directly or indirectly related to this generator and the condition ofthe generator and the County is not responsible for any actions relating to or originating from the generator. The County isi in no way responsible for the administration and supervision of the Town's officers, employees, agents or subcontractors for this generator, which are stipulated  are not officers, employees or agents ofLee County.  2    XIV. Neither Party shall assign any interest in the contractor or transfer any interest in this XV. The contact person for the Town shall be: John Godfrey, Town Manager. XVI. The Contact person for the County shall be: Lisa Minter, County Manager.  contract without prior written consent oft the other Party.  XVII. General Provisions:  a. This contract may only be amended by written amendments mutually agreed upon by and between the County and the Town and signed by governing officials. b. Jurisdiction for any legal proceedings concerning this concerning this contract shall be the state courts of North Carolina. Venue for such proceedings shall be V. This contract shall be effective upon the date signed and shall terminate when the useful life oft the generator has expired and the Town has properly disposed oft the d. All parties shall comply with the requirements of Article 2 Chapter 64 oft the North Carolina General Statutes, "Verification of Work Authorization," and will provide documentation reasonably requested by any party to this MOU  Lee County, NC.  generator.  demonstrating such compliance.  Effective Date & Signature signatures attached hereto.  This Contract shall be effective upon the signatures of the officials of the Town and the County. The parties indicate their agreement and ability to contract on behalf of the named agency by  Signatures & Dates  John Godfrey, Town of] Broadway, Manager  Date  nhslay Date  County Manager  AdE  3    Real Property Appraisal Tel: (919)718-4660 Personal Property Listing Tel: (919)718-4661  DEPARTMENT OF TAX ADMINISTRATION  Collections Tel: (919)7 718-4662  P.O. Box: 1968 Sanford, NC27331  AFFIDAVIT  I,N Michael D. Brown, Tax Collector for Lee County, City of Sanford, Town of Broadway, and applicable Fire That Ihave submitted, in accordance with NCGS 105-373, al list of those real property and personal property taxes which remain unpaid for FY 2024, and that I have made a diligent effort within time permitted by law to collect taxes out ofs such personal property ofs such taxpayers, and by other means available to me for collection of such taxes. Said list ofj property taxes is on file with the Clerk to the Board and is incorporated herein by  Districts being duly appointed, deposes and says:  reference.  FY: 2024 County ofLee Adjusted Levy Personal $11,139,907.24 $137,220.04 $11,277,127.28  FY2024 as of 7/1/2024 Current Collections for FY2024  Total Levy As Of Date Total Collections As of Date  Actual Collections Uncollected  Principal Tax Late List Penalty Total Personal Collection Percentage  $11,033,831.43 $106,075.81 $132,362.04 $4,858.00 $11,166,193.47 $110,933.81  99.02%  Real $43,916,466.45 $43,916,466.45  Principle Tax Total Real Collection Percentage  $43,669,561.44 $246,905.01 $43,669,561.44 $246,905.01  99.44%  Utilities $1,064,498.34 $8.19 $1,064,506.53 $56,258,100.26  Principle Tax Late List Penalty Total Utilities Collection Percentage Total FY 2024 Total Collection % FY2024  $1,064,476.28 $8.19] $1,064,484.47  $22.06 $22.06 99.998% 99.36%  $55,900,239.38 $357,860.88  3    Years Charged in FY2024  YrCharged Adjusted balance Collected Year End Balance Total Collected OriginalLevy % ofo OriginalLevy  2013-2014 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023  $14,149.99 $11,420.48 $21,741.00 $22,060.64 $22,606.80 $42,804.64 $10,138.47 $92,095.84 $17,472.87 $118,660.75 $70,722.86 $132,686.57 $77,402.70 $188,563.90 $118,040.76 $367,456.51 $255,775.15  $2,729.51 $32,936,054.71 $32,946,936.25 $18,935.57 $33,258,370.41 $33,279,880.17 $17,024.86 $36,867,284.45 $36,886,442.29 $17,048.99 $37,488,547.21 $37,505,794.28) $32,666.17 $38,323,729.45 $38,358,875.45 $74,622.97 $39,984,897.91 $40,041,826.33 $47,937.89 $42,075,650.14 $42,123,588.03 $55,283.87 $42,919,655.74 $42,975,385.36 $70,523.14 $44,946,293.90 $45,017,912.56 $111,681.36 $45,186,881.21 $45,298,562.57 $357,860.88 $55,896,939.25 $56,254,800.13  99.97% 99.94% 99.95% 99.95% 99.91% 99.86% 99.89% 99.87% 99.84% 99.75% 99.36%]  $2,805.43 $5,035.78 $5,557.81  2023-2024 4.54.0.315541693923  AFFIANT  Sworn to and subscribed before me this the 15th day ofJuly, 2024.  Notary Public My Commission Expires_  4    Real Property Appraisal Tel: (919)718-4660 Personal Property Listing Tel: (919) 718-4661  DEPARTMENT OF TAX ADMINISTRATION  Collections Tel: (919) 718-4662  P.O. Box 1968 Sanford, NC 27331  State of North Carolina County ofLee  Tax Collector's Report ofFY 2024 Accounts Receivable Real/Personal Property  I, Michael D. Brown, Lee County Tax Collector, being duly sworn, deposes and says the following: A complete list of persons owning real and personal property whose tax remain unpaid and the principal amount due has been filed with the Clerk to the Board of County Commissioners and is available fori inspection. The principal amount of 2023 real property and personal property due as ofJ July 1,20241s55629627.  Michael D. Brown Lee County Tax Collector  Sworn to and subscribed before me this the 15th day of. July 2024.  Notary Public My Commission expires  5    o  a  lB  % uonpalo    Real Property Appraisal Tel: (919) 718-4660 Personal Property Listing Tel: (919) 718-4661  DEPARTMENT OF TAX. ADMINISTRATION  Collections Tel: (919) 718-4662  P.O. Box 1968 Sanford, NC: 27331  RESOLUTION APPROVING THE TAXCOLLECTORS ANNUAL SETTLEMENT FOR FISCAL YEAR. 2024 AND PRIOR YEARS  WHEREAS, pursuant to the provisions of NCGS 105 - 373, the Tax Collector has made his report of settlement to the Lee County Board of Commissioners for fiscal year 2024 and prior years after. July I and before WHEREAS, based upon the written and oral report of settlement of the Tax Collector, the Lee County Board of Commissioners has made sufficient inquiry in order to reach a determination that the collection work of the Tax Collector has been performed satisfactorily and that the Tax Collector has done everything that he could WHEREAS, as required by the NCGS 105- - 373, before being charged with taxes for the current fiscal year, the Tax Collector has presented to the Board of Commissioners a list of persons owning real property whose taxes for the preceding fiscal year remain unpaid and the principal amount owed by each person and a list of persons whose personal property taxes for the preceding fiscal year remain unpaid, along with a statement under oath that he has made diligent efforts to collect the taxes due from the persons listed out of their personal property and by other means available to him for collection, and hel has reported such other information concerning taxpayers as may be ofi interest to or required by the Board of Commissioners, including a report ofl his efforts to WHEREAS, the settlement oft the' Tax Collector, including the settlement for the taxes for prior years, which are attached hereto, together this action with this action of the Board of Commissioners, shall be entered in WHEREAS, approval of this settlement does not relieve the Tax Collector or his bondsmen ofl liability for any shortage actually existing at the time of settlement and thereafter discovered, nor does it relieve the NOW THEREFORE, BE FURTHER RESOLVED by the Lee County Board of Commissioners that the annual settlement of the Tax Collector for fiscal year 2024 and prior years is hereby accepted as presented by  he is charged with taxes for the current fiscal year, 2024- - 2025; and  have done to reach whatever property may have been available; and  make collection outside the taxing unit under the provisions of NCGS 105 - 364; and  full upon the minutes of said Board; and collector of any criminal liability.  the Tax Collector.  7    BE IT FURTHER RESOLVED by the Lee County Board of Commissioners that the following documents attached hereto and incorporated herein are approved, and further described as follows: 1) Settlement of 2023 tax accounts as of. June 30, 2024, including the following that the Tax Collector shall be charged with; the total amount ofall taxes in his hands for the year, including amounts originally charged to him and all amounts subsequently charged on account of discoveries; all penalties, interest, and costs collected by him in connection with taxes for the current year; and all other sums collected by him. The Tax Collector shall be credited with, all sums deposited by him; releases duly allowed by the governing body; the principal amount oft taxes constituting liens on real property, personal property, and 2) Settlement ofj prior years (2013 through 2022) tax accounts and 2023 tax accounts as of. June 30, 2024, for Lee County and its municipalities, and annual statement of collections for July 1, 2023 through June 30, 3) Settlement of Cape Fear, Carolina Trace, Clearwater Forest, Deep River, Lemon Springs, Northview, Tramway, Pocket, West Sanford, and Airport Authority for 2023 and applicable prior years. BE ITF FURTHER RESOLVED that the list of 2023 unpaid property taxes and the list of! persons not owning real property whose 2023 personal property taxes remain unpaid are hereby acknowledged as received; the collection reports of 2013 through 2023, as of. June 30, 2024 are acknowledged as received; and the efforts made under the provisions of NCGS 105- 364 to collect taxes is acknowledged as received.  registered motor vehicles. 2024 ofnon-tax revenues.  ADOPTED this the 15th day of. July 2024.  Habonte  Kirk D. Smith, Chair  Lee County Board of County Commissioners  ATTEST:.  (nlw W Hailey Hall, Clerk  SrOINR 1907  PE B1 EB  3 & RTH CAR 0  8    Real Property Appraisal Tel: (919)718-4660 Personal Property Listing Tel: (919)718-4661  DEPARTMENT OF TAX. ADMINISTRATION  Collections Tel: (919) 718-4662  P.O. Box: 1968 Sanford, NC 27331  CAR  State of North Carolina Lee County  ORDER OF THE. BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH G.S. 105-373. AND 105-321  TO: MICHAEL BROWN  TAX COLLECTOR OF LEE COUNTY, CITY OF SANFORD, TOWN OF BROADWAY You are hereby authorized, empowered, and commanded to collect the taxes remaining unpaid as set forth in the 2014 through 2024 tax records filed in the office oft the Tax Collector, and in the tax receipts herewith delivered to you int the amounts and from the taxpayers likewise therein set forth. You are further authorized, empowered, and commanded to collect the 2014 through 2024 taxes charged and assessed as provided by law for adjustments, changes, and additions to the tax records and tax receipts delivered to you which are made in accordance with law. Such taxes arel hereby declared to be a first lien on all real property oft the respective taxpayers in Lee County, City of Sanford, Town of Broadway, Cape Fear, Carolina Trace, Clearwater Forest, Deep River, Lemon Springs, Northview, Tramway, Pocket, West Sanford, and Airport Authority, and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell, any real or personal property, and attach wages and/or other funds, of such taxpayers, for and on account thereof, in accordance with law. You are further authorized to call upon the Sheriff to levy upon and: sell personal property under execution for the Within available funds in the budget ordinance and personnel positions established, the Tax Collector may appoint employees and they have the authority to perform those functions authorized by the Machinery Act of Chapter 105 of North Carolina General Statutes and other applicable laws for current and previous years' taxes. County personnel presently in the Tax Collector's office continue to serve in their respective positions.  payment oftaxes.  WITNESS my hand and official seal, this 15th day of. July 2024.  Mmobnil  Kirk D. Smith, Chair  Lee County Board of Commissioners  ATTEST: ey iall  SECOUN A  9    $105-321. Disposition of tax records and receipts; order of collection.  (a) County tax records shall be filed in the office of the assessor unless the board of county commissioners shall require them to be filed in some other public office of the county. City and town tax records shall be filed in some public office of the municipality designated by the governing body of the city or town. In the discretion of the governing body, a duplicate copy of the tax records may be delivered to the tax collector at the time he is charged with the (b) Before delivering the tax receipts to the tax collector in any year, the board of county commissioners or municipal governing body shall adopt and enter in its minutes an order directing the tax collector to collect the taxes charged in the tax records and receipts. A copy of this order shall be delivered to the tax collector at the time the tax receipts are delivered tol him, but the failure to do sO shall not affect the tax collector's rights and duties to employ the means of collecting taxes provided by this Subchapter. The order of collection shall have the force and effect of a judgment and execution against the taxpayers' real and personal property  collection oft taxes.  and shall be drawn in substantially the following form: To the Tax Collector of the County (or City or Town) of  State ofNorth Carolina County (or City or Town) of  You are hereby authorized, empowered, and commanded to collect the taxes set forth in the to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County (or direct, require, and enable you to levy on and sell any real or personal property of such  tax records filed in the office of  and in the tax receipts herewith delivered  City or Town) of  and this order shall be a full and sufficient authority to  taxpayers, for and on account thereof, in accordance with law.  Witness my hand and official seal, this  day of  (Seal)  Chairman, Board of Commissioners of (Mayor, City (or Town) of  County  Attest:  Clerk of Board of Commissioners of (Clerk of the City (or Town) of  County  (c) The original tax receipts, together with any duplicate copies that may have been prepared, shall be delivered to the tax collector by the governing body on or before the first day of September each year if the tax collector has made settlement as required by G.S. 105-352. The tax collector shall give his receipt for the tax receipts and duplicates delivered to him for (e) The governing body of a taxing unit may contract with a bank or other financial institution for receipt of payment of taxes payable at par and of delinquent taxes and interest for the current tax year. A financial institution may not issue a receipt for any tax payments received by it, however. Discount for early payment of taxes shall be allowed by a financial institution that contraçts with a taxing unit pursuant to this subsection to the same extent as allowed by the tax collector. A financial institution that contracts with a taxing unit for receipt of payment of taxes shall furnish a bond to the taxing unit conditioned upon faithful performance of the contract in a form and amount satisfactory to the governing body of the taxing unit. A governing body of a taxing unit that contracts with a financial institution  collection.  (d) Repealed by Session Laws 2006-30, S. 5, effective June 29, 2006.  G.S.105-321  Page 1  10    pursuant to this subsection shall publish a timely notice of the institution at which taxpayers may pay their taxes in a newspaper having circulation within the taxing unit. No notice is required, however, ifthe financial institution receives payments only through the mail. (f) Minimal Taxes. - Notwithstanding the provisions of G.S. 105-380, the governing body of a taxing unit that collects its own taxes may, by resolution, direct its assessor and tax collector not to collect minimal taxes charged on the tax records and receipts. Minimal taxes are the combined taxes and fees of the taxing unit and any other units for which it collects taxes, due on a tax receipt prepared pursuant to G.S. 105-320 in a total original principal amount that does not exceed an amount, up to five dollars ($5.00), set by the governing body. The amount set by the governing body should be the estimated cost to the taxing unit ofbilling the taxpayer for the amounts due on a tax receipt or tax notice. Upon adoption of a resolution pursuant to this subsection, the tax collector shall not bill the taxpayer for, or otherwise collect, minimal taxes but shall keep a record of all minimal taxes by receipt number and amount and shall make a report of the amount of these taxes to the governing body at the time of the settlement. These minimal taxes shall not be a lien on the taxpayer's real property and shall not be collectible under Article 26 of this Subchapter. A resolution adopted pursuant to this subsection must be adopted on or before June 15 preceding the first taxable year to which it applies and remains in effect until amended or repealed by resolution of the taxing unit. A resolution adopted pursuant to this subsection shall not apply to taxes on registered motor (g) Minimal Refunds. - The governing body of a taxing unit that collects its own taxes may, by resolution, direct the taxing unit not to mail a refund for an overpayment of tax ifthe refund is less than fifteen dollars ($15.00). Upon adoption of a resolution pursuant to this subsection, the taxing unit shall keep a record of all minimal refunds by receipt number and amount and shall make a report of the amount of these refunds to the governing body at the time of the settlement and shall implement a system by which payment of the refund may be made to a taxpayer who comes into the office of the taxing unit seeking the refund. Unless the taxpayer requests the minimal refund in person at the office of the taxing unit before the end of the fiscal year in which the refund is due, the taxing unit must implement a system to apply the minimal refund as a credit against the tax liability of the taxpayer for taxes due to the taxing unit for the next succeeding year. An overpayment of tax bears interest at the rate set under G.S. 105-241.21 from the date the interest begins to accrue until a refund is paid or applied in accordance with this section. Interest accrues from the later of the date the tax was paid and the date the tax would have been considered delinquent under G.S. 105-360. A resolution adopted pursuant to this subsection must be adopted on or before June 15 preceding the first taxable year to which it applies and remains in effect until amended or repealed by resolution of the taxing unit. (1939, C. 310, S. 1103; 1971, C. 806, S. 1; 1973, C. 476, S. 193; C. 615; 1987, c.4 45, s.1 1; 1989, C. 578, S. 1; 1991, C. 584, S. 1; 1995, C. 24, S. 1;c. 329, SS. 1,2; 1999-456, S. 59;  vehicles.  2006-30, $.5;2012-79, s.3 3.1;2015-266,S.2.)  G.S. 105-321  Page 2  11    $105-364. Collection of taxes outside the taxing unit.  (a) Duty ofGoverning Body. - It shall be the duty ofthe governing body of each taxing unit to require reports from the tax collector at such times as it may prescribe (but not less frequently than in connection with the tax collector's annual settlement) concerning the efforts he has made to locate taxpayers who have removed from the taxing unit, the efforts he has made to locate personal property in other taxing units belonging to delinquent taxpayers, and (b) Duty to Certify Unpaid Taxes. - If a taxpayer has no personal property or real property subject to the tax lien in the taxing unit but does have personal property in some other taxing unit in this State, or ifa taxpayer has removed from the taxing unit, leaving no personal property or real property subject to the tax lien there, and is known to be in some other taxing unit in this State, the tax collector shall forward the tax receipt (with a certificate stating that the taxes are unpaid) for collection to the tax collector of the taxing unit in which the taxpayer is known to have personal property or in which he is known to be. The tax collector may not, however, certify an unpaid tax receipt to another taxing unit if 10 years have elapsed since the (c) Effect of Certificate; Duty of Receiving Tax Collector. - In the hands of the tax collector receiving them, the copy of the tax receipt and the certificate of nonpayment shall have the force and effect of an unpaid tax receipt of his own taxing unit, and it shall be the receiving tax collector's duty to proceed immediately to collect the taxes by any means by which he could lawfully collect taxes of his own taxing unit. Within 30 days after receiving such a tax receipt and certificate, the collector receiving them shall report to the tax collector that sent them that he has collected the tax, that he has begun proceedings to collect the tax, or that he is unable to collect it. If the tax collector reports that he has begun proceedings to collect the tax, he shall, not later than 90 days after sO reporting, make a final report to the tax collector who certified the tax receipt stating that he has collected the tax or that he is unable to  the efforts he has made under the provisions oft this section to collect taxes.  date the unpaid taxes became due.  collecti it.  (1) In acting on a tax receipt and certificate under the provisions of this section, the tax collector receiving them shall, in addition to collecting the amount of taxes certified as due, also impose a fee equal to ten percent (10%) of the amount of taxes certified as unpaid, to be paid into the general fund of his (2) Within five days after making a collection under the provisions of this section, the tax collector receiving the tax receipt and certificate shall remit the funds collected, less the fee provided for in subdivision (c)(1), above, to (3) Ifthe tax collector receiving the tax receipt and certificate reports that he is unable to collect the tax, he shall make his report under oath and shall state therein that hel has used due diligence and is unable to collect the tax by levy,  taxing unit.  the tax collector of the taxing unit that levied the tax.  attachment and garnishment, or any other legal means.  (d) Liability on Bond. - A tax collector who receives a tax receipt and certifiçate from the tax collector of another taxing unit under the provisions of subsection (b), above, shall be liable on his bond to the taxing unit that levied the tax for the amount ofthe taxes certified if:  (1) The tax collector receiving the certified tax receipt fails to make any report to the certifying tax collector within 30 days after receiving the certified tax (2) The tax collector receiving the certified tax receipt fails to swear to any  receipt.  report stating that he is unable to collect the certified tax.  G.S. 105-364  Page  12    (3) Having reported that he has begun proceedings to collect a certified tax, the tax collector receiving the certified tax receipt fails to make a final report within 90 days after reporting that he has begun proceedings for collection. (1939, c. 310,s. 1714; 1955,c.909;196,c.132,1971,c.806, S. 1; 1973, C.  231.)  G.S. 105-364  Page 2  13    $105-373. Settlements.  (a) Annual Settlement of Tax Collector. =  (1) Preliminary Report. - After July 1 and before a tax collector is charged with taxes for the current fiscal year, the tax collector shall make a sworn report to the governing body oft the taxing unit showing all ofthe following: A list of the persons owning real property whose taxes for the preceding fiscal year remain unpaid and the principal amount owed by Al list ofthe persons not owning real property whose personal property taxes for the preceding fiscal year remain unpaid and the principal amount owed by each person. To this list the tax collector shall append astatement under oath that the tax collector has made diligent efforts to collect the taxes due from the persons listed out of their personal property and by other means available for collection, and the tax collector shall reporta anyotherinformation concerning these taxpayers that may be ofinterest to or required by the governing body, including ar report of the tax collector's efforts to make collection outside the taxing unit under G.S. 105-364. The governing body oft the taxing unit may publish this list in any newspaper in the taxing unit. The cost of  a. b.  each person.  publishing this list shall be paid by the taxing unit.  (2) Insolvents. - Upon receiving the report required by subdivision (a)(1) ofthis section, the governing body oft the taxing unit shall enter upon its minutes the names of persons owing taxes, but that listed noi real property, that it finds tol be insolvent, and it shall by resolution designate the list entered in its minutes as the insolvent list to be credited to the tax collector in the tax collector's (3) Settlement for Current Taxes. - After July 1 and before a tax collector is charged with taxes for the current fiscal year, the tax collector shall make full settlement with the governing body oft the taxing unit for all taxes in the tax collector's hands for collection for the preceding fiscal year. The following In the settlement the tax collector shall be charged with all of the The total amount of all taxes in the tax collector's hands for collection for the year, including amounts originally charged to the tax collector and all amounts subsequently charged on All penalties, interest, and costs collected by the tax collector in connection with taxes for the current year. All other sums collected by the tax collector. The tax collector shall be credited with all oft the following:  settlement.  charges and credits apply: following: 1.  a.  account of discoveries.  2. 3. b. 1. 2. 3. 4.  All sums representing taxes for the year deposited by the tax collector to the credit of the taxing unit or receipted for by a Releases duly allowed by the governing body. The principal amount of taxes constituting liens on real The principal amount of taxes included in the insolvent list determined in accordance with subdivision (a)(2) of this  proper official ofthe unit.  property. section.  G.S. 105-373  Page 1  14    5. 6. 7.  Discounts allowed by law. compensation. finally adjudicated.  Commissions, if any, lawfully payable to the tax collector as The principal amount oft taxes for any assessment appealed to the Property Tax Commission when the appeal has not been The tax collector shall bel liable on the tax collector's bond for both honesty and faithful performance ofduty; for any deficiencies; and, in The settlement, together with the action of the governing body with respect to it, shall be entered in full upon the minutes of the  addition, for all criminal penalties provided by law.  governing body.  (4) Disposition of Tax Receipts after Settlement. -1 Uncollected taxes allowed as credits in the settlement prescribed in subdivision (a)(3) of this section, whetherr represented by tax liens held by the taxing unit or included in the list of insolvents, shall, for purposes of collection, be recharged to the tax collector or charged to some other person designated by the governing bodyof the taxing unit under statutory authority. Thej person charged with uncollected  taxes shall take the following actions:  a. b. C. d.  Give bond satisfactory to the governing body.  Receive the tax receipts and tax records representing the uncollected Have and exercise all powers and duties conferred or imposed by law Receive compensation as determined by the governing body.  taxes.  upon tax collectors.  (b) Settlements for Delinquent Taxes. = Annually, at the time prescribed for the settlement provided in subdivision (a)(3) of this section, all persons having in their hands for collection any taxes for years prior to the year involved in the settlement shall settle with the governing body of the taxing unit for collections made on each] prior year's taxes. The settlement for the taxes for prior years shall be made in whatever form is satisfactory to the chiefaccounting officer and the governing body oft the taxing unit, and it shall be entered in full upon the minutes (c) Settlement at End ofTerm. - At the end of a tax collector's last term ofoffice, the tax collector shall, on the last business day of the term, make full and complete settlement for all taxes, current or delinquent, in the tax collector's hands and deliver the tax records, tax receipts, and accounts to the successor in office. The settlement shall be made in whatever form is satisfactory to the chiefaccounting officer and the governing body oft the taxing unit, and it shall (d) Settlement upon Vacancy during Term. - When a tax collector voluntarily resigns, the tax collector shall, upon the last day in office, make full settlement in the manner provided in subsection (c)ofthis section for all taxes in the tax collector's hands for collection. In default ofa settlement, or in case ofa vacancy occurring during a term for any reason, it shall be the duty of the chief accounting officer or, in the discretion of the governing body, of some other qualified person appointed by it immediately to prepare and submit to the governing body a report in the nature of a settlement made on behalf of the former tax collector. The report, together with the governing body's action with respect to it, shall be entered in full upon the minutes of the governing body. Wheneverasetlement ist made on! behalfofai former tax collector, the governing body may deliver the tax receipts and tax records to a successor collector immediately upon the occurrence ofthe vacancy, or it may make whatever temporary arrangements fort the collection of  ofthe governing body.  be entered in full upon the minutes of the governing body.  G.S. 105-373  Page 2  15    taxes as may be expedient, but ini no event shall any person bej permitted to collect taxes until the (e) Effect of Approval ofSettlement. Approval ofany settiement by the governing body does not relieve the tax collector or the tax collector's bondsmen of liability for any shortage actually existing at the time of the settlement and thereafter discovered; nor does it relieve the (f) Penalties. = In addition to any other civil or criminal penalties provided by law, any member ofa governing body ofa taxing unit, tax collector, or chiefaccounting officer who fails top perform any duty imposed by this section is guilty ofa Class 1 misdemeanor. (g) Relief from Collecting Insolvents. - The governing body ofany taxing unit may, ini its discretion, relieve the tax collector ofthe charge of taxes owed by persons on the insolvent list that are five or more years past due when it appears to the governing body that the taxes are (h) Relief from Collecting Taxes on Classified Motor Vehicles. - The board of county commissioners may, in its discretion, relieve the tax collector of the charge oft taxes on classified motor vehicles listed pursuant to G.S. 105-330.3(a) that are one year or more past due when it appears to the board that the taxes are unçollectible. This relief, when granted, shall include municipal and special district taxes charged to the collector. (1939, c.310, S. 1719; 1945,c.635; 1947, c.484, ss.3,4; 1951,c.3 300, S. 1;c. 1036,s. 1;1953, ,c. 176,s. 2; 1955,c. 908; 1967,c. 705, s.1;1 1971, C. 806, S. 1; 1983, C. 670, S. 22; C. 808, SS. 5-7; 1987, C. 16; 1991, C. 624, S. 3; 1991 (Reg. Sess., 1992), c. 961, S. 10; 1993, c. 539,s. 726; 1994, Ex. Sess., c. 24, S. 14(c); 1997-456, S.  person has given bond satisfactory to the governing body.  collector ofany criminal liability.  unçollectible.  27;2006-30, S. 7; 2021-91, S. 3(c).)  G.S. 105-373  Page 3  16    Prepared for:, Lee County  2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B)  Price Level: 415  AV  Client Proposal Prepared by: Jeff Williams Office: 182-869-34281 Quote ID: 0212202405 Date: 02/12/2024  Email: erwillams@parksutogroup.com  Parks Ford 1601 DUNCAN HILL RD, HENDERSONVILLE, NC, 28792  Cord  Office: 828-693-4281 I Fax: 828-696-8993  1    Prepared for: Lee County Prepared by: Jeff Williams 02/12/2024  dbrd  Parks Ford 1601 DUNCAN HILL RD HENDERSONVILLE NC 128792  2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B)  Price Level: 415 Quote ID: 0212202405  Lee County  Re: Quote ID 0212202405 02/12/2024  To Whom It May Concern,  All pricing provided in this quote is based on, and follows the guidelines of, the North Carolina Sheriffs' Association Vehicle Procurement Program. Contract # 22-08-0913RR. Specification # 201  Sincerely, Jeff Williams Fleet Manager 182-869-34281  efiwillams@parksautogroup.com  Prices ando content availability ass shown: ares subject to change ands should bet treated as estimates only. Actual base vehicie, package and option pricing may vary fromt this estimate because ofs special local pricing. availability orp pricing adjustments not reflected in the dealer's computer system. See  salesperson for the most currenti information.  2    Prepared for: Lee County Prepared by: Jeff Williams 02/12/2024  dord  Parks Ford 1601 DUNCAN! HILL RDI HENDERSONVILLE NCI 28792  2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B)  Price Level: 415 I Quote ID: 0212202405 Table of Contents Description Cover Page Cover Letter Table of Contents As Configured Vehicle Pricing Summary Single Vehicle  Page 1 2 3 4 7  : :  :  3    Prepared for: Lee County Prepared by: Jeff Williams 02/12/2024  Sbrds  Parks Ford] 601 DUNCAN HILL RDI HENDERSONVILLE NC 28792  2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B)  Price Leve!: 415 I Quote ID: 0212202405 As Configured Vehicle  Code Base Vehicle W2B Packages 600A  Description  Base Vehicle Price (W2B) Order Code 600A Includes: Engine: 6.8L 2VDEVCT! NA/ PFIV8G Gas Flex fuel. Transmission: TorgShift-G 10-Speed Automatic Includes SelectShiff and selectable drive modes: normal. eco. sippery roads. tow/haul and off-road. GVWR: 10.000) lb Payload Package Tires: LT245/5Rx17E BSWA/S Spare may not be the same as roadt tire. Wheels: 17"A Argent Painted Steel Includes painted! hub covers/center omaments. HD Vinyl 40/20/40 Split Bench Seat lumbar. Radio: AM/FM Stereo W/MP3 Player Includes 4 speakers. SYNC4 manual,  Includes center armrest, cupholder, storage and driver's side manual Includes 8"LCD capacilive: touchscreen with swipe capability. wireless phone connection, cloud connected, Applink with app catalog, 911 Assist. Apple CarPlay and Android. Auto compatibility and digital owner's  Powertrain 99A 44F X3E STDGV Wheels & Tires TD8 64A  Engine: 6.8L 2V DEVCT NAI PFIV8 Gas Transmission: TorqShift-G 10-Speed Automatic Includes SelectShift ands selectable drive modes: normal, eco. slppery roads, tow/haul and off-road. Electronic-Locking. w/3.73 Axie Ratio GVWR: 10,000 ib Payload Package Tires: LT245/75Rx17E BSW A/S Spare may not be the same asr roadi tire Wheels: 17" Argent Painted Steel Includes painted hub covers/center oraments.  Flex fuel.  Seats & Seat Trim  Prices and content availability as shown are subject to change ands should bet treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because ofs speciall local pricing, availability or pricing adjustments not reflected int the dealer's computer system. See  salespersont fort the most current information.  4    Prepared for: Lee County Prepared by:. Jeff Williams 02/12/2024  dord  Parks Ford] 1601 DUNCANI HILLI RDI HENDERSONVILLE NC 28792  2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRWXL (W2B)  Price Level: 415 Quote ID: 0212202405 As Configured Vehicle (cont'd)  Code A  Description lumbar.  HD Vinyl 40/20/40 Split Bench Seat Includes center armrest. cupholder, storage and driver's side manual  Other Options 160WB PAINT 587  160" Wheelbase Monotone Paint Application Radio: AM/FM Stereo w/MP3 Player Includes 4s speakers. Includes: SVNC4 manual, 190 Amp Alternator Upfitter Switches (6) Locatedi inc overhead console.  Includes 8"LCD capacitive touchscreen with swipe capability. wireless phone connection, cloud connected. AppLink with app catalog. 911 Assist, Apple CarPlay and Android Auto compatibility and digital owner's  67D 66S Fleet Options WARANT  Fleet Customer Powertrain Limited Warranty Fordi isi increasing the 5-year 60. 000-mile limted powertrain warranty to5 5- years. 100.000 miles. Only Fleet purchasers with a valid Fleet Identification. Number (FIN code) will receive the extended warranty. When the sale is enferedi into the sales reporting system with a sales type fleet along with a valid FINO code, the warrantye extension will automatically be added lo the vehicle. The extension will stay, with the vehicle even ifit iss subsequently sold toar non-fleet customer before the expiration. This extension applies to both gas and diesel powertrains. Dealers can check fort the warranty extension one eligible fleet vehicles in OASIS, Please refer tothe Warranty and! Policy Manual section 3. 13.00 Gas Engine Commercial Warranty. This change willa alsok ber reflected in the printed Warranty Guided distributed with the purchase ofe every new vehicle.  Requires valid FIN code.  Emissions 425 Exterior Color Z1_01 Interior Color  50-State Emissions System  Oxford White  Prices and content availability ass shown are subject to change ands should bet treateda as estimates only. Actual base vehicle. package and option pricing may vary from this estimate because of special local pricing. availabiity or pricing adjustments not reflected int the dealer's computer system. See  salesperson for the most current information.  5    Prepared for: Lee County Prepared by:. Jeff Williams 02/12/2024  Cord  Parks Ford] 1601 DUNCAN HILL RD HENDERSONVILLE NCI 28792  2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW: XL (W2B)  Price Level: 415 Quote ID: 0212202405 As Configured Vehicle (cont'd)  Code AS_03  Description  Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat  Prices ando content availability: as shown are subject to change ands shoutd bet treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing. availability or pricing adjustments notr reflected int the dealer's computer system. See  salesperson fort the most current information.  6    Prepared for: Lee County Prepared by:. Jeff Williams 02/12/2024  dbrds  Parks Ford] 1601 DUNCAN HILL RD! HENDERSONVILLE NC/28792  2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW) XL (W2B)  Price Leve!: 415 Quote ID: 0212202405  Pricing Summary - Single Vehicle  MSRP $54,150.00 $54,150.00  Vehicle Pricing Subtotal Pre-Tax Adjustments Code Discount Ford Gvmnt GPC Total  Description Dealer Discount Government GPC  MSRP -$4,978.71 -$800.00 $48,371.29  15 Juyaoay  Customer Signature  Acceptance Date  'his instrument has been preaudted int the nanner required! by the Local Govemment Budget and Candie Vumeir Finance Olficer, Lee County  Control Act  Prices ando content availability as shown ares subject lo change ands should bet treated as estimates only. Actual base vehicle. paçkage and option pricing may vary from this estimate because ofs special local pricing, availability or pricing adjustments notr reflectedi in the dealer's computer system. See  salesperson for the most current information.  7    RESOLUTION IN SUPPORT OF SUBMITTING A LEGISLATIVE GOAL TO' THE. NORTH CAROLINA. ASSOCIATION OF COUNTY COMMISSIONERS TO ABOLISH A CERTIFICATE OF WHEREAS, the North Carolina Department ofH Health and Human Services has been designated as the State WHEREAS, Article 9 of Chapter 131Eoft the North Carolina General Statutes requires a Certificate ofNeed to bei issued by the State Health Planning and Development Agency before establishing or expanding institutional WHEREAS, the Certificate ofNeed requirement thereby limits entities interested inj potentially expanding current services or establishing new. healthcare services ift they are unable to receive a Certificate of] Need; and, WHEREAS, Medical and mental health treatment of] North Carolina citizens is limited by the Certificate of WHEREAS, North Carolina's population is growing, and will continue to grow, which will result in more mental health and medical health needs and demands, and the Certificate ofl Need requirements hinders expansion of services across the State of North Carolina especially in lower income and more rural counties. NOW, THEREFORE, BE IT RESOLVED, that the Lee County Board of Commisioners hereby requests that the North Carolina Association of County Commissioners considers adopting a legislative goal at the upcoming legislative goals conference, seeking to abolish and/or reconsider the critera necessary for a Certificate ofl Need related to medical health and mental health care providers in order to allow providers the opportunity to determine ifthey want to establish or expand medical mental health services, without first seeking permission from the North Carolina Department ofHealth and Human Services to allow for expanded medical health and mental health facilities and service options for residents within our local communities across the State; and The Commissioners request that this Resolution be forwarded to the North Carolina Association of County Commissioners and that the Board Chair be authorized to present this Resolution at the upcoming NCACC  NEED REQUIREMENT FOR HEALTH FACILITIES  Health Planning and Development Agency for North Carolina; and,  health facilities; and,  Need requirement; and,  legislative goals conference. Adopted this the 15th day ofJuly, 2024.  -  B COm BF   irk D. Smith, Chair Lee Board County  of Commissioners  ATTEST:  CAROI  thgdt            :  ia  ED    B Ea  f  1E        Y  1  ED    -  BI  13    BSAGNVI NOIVIOASNVBL IXBINOO ONINOZ    0    >     a  S 2 0  e   e  E C  - 10 de e - 00 - M E a 8   2 o de E @  5 8 E 8  a    a E 00    8 E  is  8     A M  e  S I  n a 6 @ LL  I  8 a  C e D o e  E o 5   BE2  -  y 4    E de  5    9 a  in I E -  a 3  S a   a t a  la a e G  m    e 8 a  3 .  m C  a e  ao  @ le - e a 0D  e D a 5 e   e - 3    A o    6 : E - o N 3 a  2  -    1  8 e  a  - C e E  0 @ 0 a    a    A  e e @  E C  e 00 & @  a  0  a  e C  / > a A  Y  a 8  I    a  /  -    1  a  e a  @ de im 8 a de a e  e a de @ 9 e e  E   a o  e VA    5  @ 00 S  9    1  €  I  8  >    o €  e -    - D E a 6 9 0 E 3 - - @ @ : : 0  o )  l  J  C a  de - o e DN e  )  /    IT-EZOZ 60-EZOZ L0-EZOZ SO-EZOZ E0-EZOZ TO-EZOZ IT-ZZOZ 60-2Z0Z 40-ZZOZ S0-ZZOZ E0-2ZOZ TO-ZZOZ IT-IZOZ 60-IZOZ 4O-IZOZ S0-IZOZ E0-1ZOZ LO-IZOZ IT-OZOZ 60-0202 LO-0ZOZ S0-OZOZ E0-OZOZ IO-OZOZ II-6TOZ 60-610Z 40-6TOZ S0-6T0Z E0-6T0Z 1O-6TOZ  a  e  -  -    0 3    8  81 6  B  @  D -  ABBIERERRAEKKPEEAEE A8RERIRARAWERR9BIBEBRPERE R8ARAHSERWEBRRERRESEEAR RRARRRRREEDRBESERS AABRERAR#9S3EBEMSEA: BSARSARERAVSSPRBYVBBBERB8 9o A##9#*#98P9HKBESBER9RS BARHARRRE9RA9R93ESPERAARE  888838888 AR  48    R  u TIITTTTIE  SILOO  g  11  3    N  e 9 5  $ f E E 5 E € E 8 E € - 5 3 3 e 8o  e 6 a E 00 -  8  € E 8 D  a  I I à  8 € E - 00 @ - 8 D 5 1 E I 3 8 8 8 of E - a E E I E  @  ) 2 E  -  B @ im lE n 0o @    3 2  0    4  6 e la  -  - a  @  a  a  - C E  :  I    a  S 9 B G C S  - a  e  e  I    00  I  E    e - 3  e 2 f  E  %  3    R, N R N   s  -    e o 999 a 9o a  9999 0999 9 De De a ooopoo  9093988  MH  8588388688RRRRAARRARER:   H98ms Gu ame  0 wjn 5539m  5E89E  09 BA98  RN  338958598  3688388688REARARSERR  VITELIS OLO'9SeS  589's95 OLE'EOZS  O0E'sz$ OSEVZOTS  oor'zots OSv'60Z$ ZoL'E9TS 0Z6'TTES S80'E0ES PVE'98VS 090'8Z2$ 190'ZvS    583AB8  8888885  2& 2 2  858888  5858888  88565    3  O e I  2,8 6    LE   2 o 1 a E @ E E o O e 5 t 5  9 6 8 e e o I   E a  8  8 00 a 8 8 f I  -  8 1n 8 f  3 I : E  W    &  4 C 9 I a la 6 a f  @ S  E I a a f 3 e a B  a € 5 de E a E 3 I I f 9 a 8 E @ 3 I I  e    I e @    de  1  00 In L  - I  e  bo  E # E  A    3 e e  E  -  o e D  9  09  - e  de  #:  -  S @ B  ao        d € 5 - e  0 @  3  5  46     a   - a  -  e e  C  o - E 83   - a 0 a   a S 0 - - E B 6    U e  a S.   CI U  C C  C - - C  a a le e G E a  -    5  -    O S E  -    - S 8  E  I  E a D e e $ 5 00  D  € I  I  6  E 00 3 E I 9 e a @ : a U E 3 o le  e E  o a m @  @ >  9 :  C I  a O 00 € @ 0 W S D E E @  - 3 0 oL C    -  SA E L X U D VA EU € ED  D €  ll €  8 S  o 00 D  3 00 5 00 5  E @    4  8  8!    E  3  n    ?  BAS      County Manager's Report -July 15, 2024  Ongoing Projects  Lee County Athletic Park - Construction continues at the site with the focus on paving, building foundations, baseball field construction, and electrical infrastructure installation. Paving for the site is planned in three phases, with asphalt base layers installed in first and second phases. Stone base is currently being installed in the third and final phase for asphalt paving. Masonry wall construction started on the first field house at the baseball fields. Materials for field construction have been delivered, and the field builder is now onsite and starting field construction at the baseball fields. Musco Field Lighting has been installed on 75% of the site. Potential change orders have been identified with the ngneer.McAdamsyand, general contractor (Sanford Contractors) regarding water drainage around soccer fields and water meter size requirements for the site. More details and recommendations will be brought to the Board of Commissioners in the near future. Staff is also in the process of reviewing documents related to a Duke Energy power easement for DR Horton who owns property adjacent to the athletic park site. Staff will  present a recommendation related to this request at an upcoming meeting. Phasel 1& II Parks Projects - Kiwanis Children's Park and' Temple Park-  Temple: Construction is complete. Additional grading has been completed for drainage issues around the bathroom I shelter. Additional sod has been installed around the Kiwanis Children's Park: The project includes new sidewalk installation for future connection to Kiwanis Family Park, a new playground for children ages 2-5 years, restroom renovations, and a new shelter installation. Marks Construction has completed most of the new sidewalks throughout the park and is grading to prepare for the new playground installation. Churchich (the contractor for the bathroom renovation, playground, and shelter installation) has ordered shelter and playground equipment and will coordinate with Mark's Construction once installed to complete remaining concrete OT Sloan Park Accessibility Project: The purchase order for the playground equipment from Barrs Recreation has been placed, and playground equipment has been delivered onsite. All bids came in above budget for this project, with the lowest base bid (for construction) exceeding the project budget by $125,000. Ar modified scope ofwork reflecting a reduction ini the scope tol keep the project within the available grant and County funds for the project is being reviewed by the NC State Parks and Recreation, which has been utilized as a grant support resource. The grant will require a work scope amendment to show detailed work/items removed and associated estimated cost. Once Recreation Resource Services (RRS) grant support reviews and provides feedback, Lee County will submit an amended scope to the AFP Grant Council for review and request approval to move forward. The risk is reducing or eliminating the bathroom renovations to update for ADA accessibilty, which can possibly impact the grant approvals. The staff is currently awaiting feedback on the scope ofwork reduction. More information will be provided as Library Building Project - This is a CMR (Construction Manager at Risk) project, facilitated by SAMET/SANFORD for the construction of the new Lee CountyLibrary. The bid period was set from 5/15/24 - 6/20/24, with 37 total packages posted for bid. The closing date for the bid period was moved out one week from 6/20/24 to 6/27/24 due to the high number of RFI's (request for information) submitted by subcontractors. On 6/27/24, 18 bids were received and are currently being certified by SAMETISANFORD. Re-bid opening is set for 7/9/24 on the remaining 19 bid  restroom/shelter, completing phase two.  sidewalks.  soon as it becomes available.    packages. Currently, the overall budget is on track based on the bids received on 6/27/24. The outside sewer connection project (providing offsite sewer connection for new Library construction) Historic Courthouse - Hobb's Architects provided bid documents to Lee County and NCSHPO (North Carolina State Historic Preservation Office) for review. After NCSHPO and Lee County approve the bid documents, Lee County will begin the bid process for the project. Currently, based on available funding, work will focus on roof replacement with alternates for masonry repairs and storm water management. The NCSHPO Hurricane Grants Manager (Dan Becker) has confirmed a program extension will be available from the National Park Service to accommodate additional time needed to complete the project. The time extension request will be initiated once bids have been received, and construction timelines are estimated to allow for one Also, NC Historical Commission has reviewed the status of all projects under the Emergency Supplemental Historic Preservation Fund (ESHPF) grant. Some projects have been identified that will not move forward and NCI Historical Commission has recommended to reallocate funding from the cancelled projects over to projects that are in progress. Based on the review, the NC Historical Commission voted on 6/18/2024 to provide an additional $185,000 to the Lee work with NCSHPO to amend the grant contract toi incorporate the additional funding. Horton Park Parking Lot Improvements - At the December 2023 Board of Commissioners retreat, Commissioners requested improved parking options for Horton Park and Pool. J.Thomas Engineering was approved as engineer for the project at the BOC meeting on March 18, 2024. A preliminary design has been reviewed internally by Lee County (pdf attached) and submitted to NCDOT for driveway approval. In Phaselo of the project, the current design adds a smaller drive through the parking lot just below the pool area and bathhouse, adding 17 designated parking spots and eliminating unsafe parking conditions occurring along Washington Avenue. Phase II of the project includes additional sidewalk installation along Washington Avenue toward the community garden located at the adjacent property for the convenience of pedestrian traffic. A copy of the preliminary designed is attached to this report for illustrated reference. Community Support Services Department - As approved by the Commissioners in the FY 2024-25 Budget, the Community Support Services department was created to incorporate Pre- Trial services, Re-Entry, and the Community Social Worker, as well as new initiatives such as RENEW and the Re-Entry Council. This department, formerly housed under Legal, is now under the Governmental Support umbrella and has a new director to manage this new department. We are pleased to announce that former Pre-Trial Services Coordinator Autumn Smith is the new Community Support Services Director! Ms. Smith will still oversee pre-trial and the GPS monitors Finance Department = I am pleased to announce that the Finance Department has received notification that the annual comprehensive financial report fori the fiscal year ended June 30, 2023 qualifies for the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accompishment by a government and its management. This is the 28th year that the County has received the Certificate of Achievement. Please join me in congratulating Candace  has been completed by Moffat Pipe Inc.  extension request to cover the entire project.  Historical  County  Courthouse project. Lee County is awaiting written confirmation of this action and will  but will also supervise the department.  and her staff.    Reports  Tax- The Tax Department Collections report for July 2024 is attached. Building Inspections - Attached is the monthly inspections report for June 2024.  TRC = The TRC Agenda for. July 2024 is attached. Library Board of Trustees meeting agenda.  Library Board of Trustees - The Director's Report for. July 2024 is attached, along with the. July Parks and Recreation - The signed May and June meeting minutes are attached. Consolidated Human Services Agency - The signed May 2024 meeting minutes are attached. July 16, 2024 = STARS employee awards presentation = 8:30 a.m. Gordon Wicker Room July 25, 2024 - Joint Meeting between the Lee County Board of Commissioners and Lee County Board of Education - McSwain Center - 6:30 p.m., with a reception proceeding the meeting at 6:00 p.m.August 8-10, 2024-1 NCACC Annual Conference in Forsyth County August 19, 2024 - Lee County Board of Commissioners Meeting - Civic Center-6 6:00 p.m. September 2, 2024 - Lee County Government Offices closed in observance of Labor Day September 16, 2024 - Lee County Board of Commissioners Meeting - Civic Center-6 6:00 p.m. October 7, 2024-1 Lee County Board of Commissioners Meeting - McSwain Center- - 6:00 p.m. October 21, 2024 - Lee County Board of Commissioners Meeting - Civic Center - 6:00 p.m.  Upcoming Meetings/Events:  LCGC  (summer schedule in effect)  (summer schedule in effect)  NORTHCAROLINA, LEEC COUNTY Presented for registrationo onthis Au'lay  m4A9:QDPN in Book_ 38 Page.3ALe Pamela G. Brilt, Register of Deeds