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08-15-2022 Agenda Packet BOCPERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 August 15, 2022 9:00am This meeting will convene in the Commissioners’ Boardroom 215. CALL TO ORDER………………………………………………….. Chairman Powell INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA INFORMAL COMMENTS The Person County Board of Commissioners established a 10-minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. ITEM #1 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of August 1, 2022 (pgs. 4-11),B.Budget Amendment #4 (pg. 12),C.Health Department Fee Requests Associated with COVID-19 Vaccinations and Monkeypox Testing (pgs. 13-14),D.Library Annual State Aid Non-Recurring Funds $54,374 Contract Approval (pgs. 15-37), 1 E.Home & Community Care Block Grant Reports: FY2021-2022 Final and FY2022-2023 First Revision (pgs. 38-41),F.Resolution Appointing Review Officers (pg. 42), andG.Opioid Settlement Fund Ordinance (pgs. 43-44) NEW BUSINESS: ITEM #2 (pgs.45-54) Appointment to Region K Aging Advisory Council & to the Social Services Board …………………………………………………... Brenda Reaves CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS CLOSED SESSION #1 A motion to enter into Closed Session per General Statute 143-318.11(a)(6) for the purpose to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; with the following individuals permitted to attend: Interim County Manager, Ralph Clark, Clerk to the Board, Brenda Reaves, County Attorney, Ellis Hankins and Renee Narloch via video call. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2 3 August 1, 2022 1 PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 1, 2022 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Ralph Clark, Interim County Manager C. Derrick Sims Brenda B. Reaves, Clerk to the Board Kyle W. Puryear S.Ellis Hankins, County Attorney Charlie Palmer Patricia Gentry The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, August 1, 2022 at 7:00pm in the Person County Office Building Auditorium. Chairman Powell called the meeting to order and offered an invocation. Commissioner Puryear led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Powell requested to add Ms. Abby Sharlow to the agenda as a participant of Youth Voices at the NC Association of County Commissioners’ Conference. He suggested adding to the agenda immediately following approval of the agenda. A motion was made by Commissioner Puryear and carried 5-0 to add Ms. Abby Sharlow to the agenda and to approve the agenda as adjusted. Ms. Abby Sharlow of Thee Hester Road, Roxboro addressed the Board of Commissioners noting she would be attending the NC Association of County Commissioners’ annual conference participating in the Youth Voices Program representing Person County. Ms. Sharlow said she is the daughter of Mark and Whitney Sharlow and a rising freshman at Person High School noting she was on the college prep pathway to graduate not only with a High School Diploma but also with an Associate’s Degree. Ms. Sharlow stated she is a member of National Honor Society and is involved with 4-H and her church. 4 August 1, 2022 2 INFORMAL COMMENTS: Chairman Powell announced a three-minute time limit for citizens signed up to address the Board of Commissioners. The following individuals appeared before the Board to make informal comments: Ms. Brittany Farman of 168 David Lane, Roxboro said Commissioner Palmer has been asked to resign before, and she was requesting him to resign now noting his constituents have questions related to him shooting a dog in city limits to which he has not addressed publicly. Ms. Farman said he was supposed to be protecting citizen interests and she did not see him doing that. Ms. Joann Hammond of 228 W. Gordon Street, Roxboro, and the owner of the boxer mix, named Sophia that Commissioner Palmer shot on July 20, 2022 while he was out walking his dog said Sophia was her 15-year old pet and best friend to her grandson. Ms. Hammond recounted the story how Sophia ran from her, breaking the cable, into the neighbor’s yard, at which time, Commissioner Palmer shot Sophia in her side multiple times. She said Commissioner Palmer used expletive language to her as he walked away. Ms. Hammond said his behavior was an embarrassment to the county. Ms. Sharon Slaughter of 207 Duck Pointe Drive, Roxboro said she supported Ms. Hammond and continued Ms. Hammond’s comments, reading that Commissioner Palmer was waving his gun around; she read that the only compliant about Sophia was from Commissioner Palmer noting they have letters stating Sophia was not aggressive from neighbors, a veterinarian and the dog groomer. Ms. Slaughter continued and asked the Roxboro City Police and the District Attorney’s Office to view this as a case of animal cruelty; lastly, she asked the Board to dismiss Commissioner Palmer of his duties. Ms. Cynthia Lynch of 395 Union Grove Church Road, Hurdle Mills thanked the Board and the county attorney for their efforts advocating for the MVP pipeline continuing into North Carolina and, possibly into Person County. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Gentry and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of July 18, 2022, B. Budget Amendment #2, C. Budget Amendment #3, and D. FY2022-2023 Library Annual State Aid Application and Local Funder Maintenance of Effort Report & Declaration appropriation of $566,978. Commissioner Gentry thanked staff for including the budget detail in the budget amendments noting it was very helpful. 5 August 1, 2022 3 NEW BUSINESS: Assistant County Manager, Katherine Cathey introduced Person County’s Lead Fellow, Keshav Javvadi, who will be working in Person County for one-year. BROADBAND INFRASTRUCTURE EXPANSION UPDATE & CONSIDERATION TO ADOPT A RESOLUTION SUPPORTING A PARTNERSHIP WITH CLOUDWYZE TO EXPAND BROADBAND INFRASTRUCTURE IN PERSON COUNTY: Assistant County Manager, Katherine Cathey provided the Board with the following Broadband Infrastructure Expansion updates: Growing Rural Economies with Access to Technology (GREAT) Grant Program The N.C. Department of Information Technology (NCDIT) received 305 applications for this $350 million round of GREAT grants. On July 18, 2022, Governor Cooper announced that the state has awarded GREAT grants totaling more than $23.4 million to expand broadband infrastructure in 12 counties. On August 1, 2022, Governor Cooper announced that the state has awarded GREAT grants totaling $30M to 11 more counties. Person County was not among these first recipients, however, Ms. Cathey said additional GREAT grant awards will be made on a rolling basis throughout August. Person County has committed GREAT grant matching funds in an amount not to exceed $2.75 million from the county’s ARP funds for the provider(s) selected by the state for grant awards. Brightspeed, Charter Communications (Spectrum), and ZiTEL submitted proposals for projects that would serve Person County homes and businesses. Completing Access to Broadband (CAB) Program The CAB Program is a competitive bidding program that provides an opportunity for individual North Carolina county governments to partner with NCDIT to fund broadband infrastructure projects in unserved and underserved areas of each county. Identifying unserved locations to be served by the GREAT Grant Program will help define eligible areas for the CAB Program. CAB Program Guidance - Part I is now available online. Part II of the guidance will be posted in the coming months. An Information Session for Interested County Partners is not yet scheduled, although the projected awards are estimated by the end of the calendar year. Middle Mile Grant Program The National Telecommunications and Information Administration (NTIA) federal program provides funding for the construction, improvement, or acquisition of middle mile infrastructure. The purpose of the grant program is to expand and extend middle mile infrastructure to reduce the cost of connecting areas that are unserved or underserved to the internet backbone. It seeks to fund middle mile to unserved/underserved areas and near anchor institutions with strong county/local support. 6 August 1, 2022 4 CloudWyze is a combination of both internet service provider (ISP) and managed service provider (MSP), located in Wilmington, NC. CloudWyze has proposed a Middle Mile Grant Program project for the Kerr-Tar Region. It would create a middle mile ring in each county and a regional middle mile ring, including approximately 250 miles of fiber at a cost of approximately $25 million. Upon receipt of a Middle Mile Grant award, CloudWyze would assume all other costs associated with the project. Grant applications are due Sept. 30, 2022, and awards will be made March 1, 2023. Although the grant criteria stipulates projects must be complete by March 1, 2028, CloudWyze anticipates completion of the middle mile infrastructure within two years of the grant award. CloudWyze would then utilize the middle mile ring to provide last mile service to Person County homes and businesses. Their last mile internet service may be provided via fiber or fixed wireless, depending upon the number of homes per mile. CloudWyze will leverage its network to provide other managed services, such as hosted phone, cloud, and IT support. Pictured below, CloudWyze’s proposed fiber route within Person County is very similar to the new fiber (yellow) in the major fiber project route suggested by ECC Technologies in the county’s 2021 Broadband Infrastructure Inventory Study. 7 August 1, 2022 5 At this time, Ms. Cathey noted CloudWyze was requesting that the county confirm its interest in partnering on this opportunity. The county’s role in the partnership will involve confirming its support, assisting with identifying unserved and underserved areas and anchor institutions and garnering support from local stakeholders. CloudWyze has not requested any monetary support from Person County. Ms. Cathey introduced a Resolution Supporting a Partnership with CloudWyze to Expand Broadband Infrastructure in Person County for consideration at the Board’s August 15, 2022 meeting noting that she would have additional information at that time. Ms. Cathey asked the Board if this was something of interest to which Commissioner Gentry stated she was interested, and it was at no cost, to which the Board agreed. Commissioner Gentry asked Ms. Cathey if she could share the GREAT grant scoring criteria to which Ms. Cathey said she could send that along to the Board. Vice Chairman Sims asked Ms. Cathey to also share the list of awarded counties as well for their review, to view, for instance if they are Tier 1 or Tier 2 counties. CHAIRMAN’S REPORT: Chairman Powell reported the following:  He and Commissioner Gentry attended the first of two public informational meetings related to the County Farm to Green Space Park project; he said the next meeting would be held on August 3, 2022 in the County Office Building Auditorium at 6:00pm.  He and Commissioners Gentry and Sims attended a Person County focus group for a Comprehensive Economic Development Strategy organized by the Kerr Tar Regional Council of Governments to develop a regional plan.  Noted the Attorney General, Josh Stein letter regarding the opioid pandemic settlement for NC totaled $26B with Person County’s share over 18-years at $2,595,543.  Assured the citizens that Person County, a named intervener in the Duke Energy’s Carbon Reduction Plan before the NC Utilities Commission, are working with attorneys for good results related to the potential closure of the two Duke Energy coal powered plants in Person County. 8 August 1, 2022 6 MANAGER’S REPORT: Interim County Manager, Ralph Clark stated he was working on the following initiatives and requested direction from the Board: Up-fit PCOB Auditorium BOC Boardroom In the current budget, funds ($120,000.00) are allocated for this purpose in the Capital Improvement Plan (CIP). The description as described in the CIP was not clear if the room would be a dedicated space for the Board of Commissioners and/or was to remain available for other uses or if there was a plan to hold other uses in another location(s). Mr. Clark asked the Board of its intent for the up-fit of the PCOB Auditorium before staff seeks an architecture firm. Vice Chairman Sims requested the seating for the Board with cosmetic up-fit to make it look more like a boardroom but also allowing other uses within the same space. Commissioner Gentry agreed with Vice Chairman Sims noting they had outgrown its dedicated boardroom upstairs but wanted a permanent board platform much like the Roxboro City Council’s chambers with non-permanent seating so that the room could be used for multi-uses. Commissioner Puryear agreed with using the auditorium for multi- uses but asked staff to look at the City of Clayton chambers for comparison. Mr. Clark added with the tile floor and concrete walls, sound was an issue for participants. Charters of Freedom Presentation Since the presentation last month, Mr. Clark stated he has had some conversations with representatives of this group to obtain a clearer understanding of this project noting there are local cost in the project. The Foundation only provides the cases that houses the documents and the documents themselves. All other will be local expense including any future maintenance that is required. The concrete work and the electrical are the two main items in the initial installation that will be required under the local cost. Ms. Clark stated as he understands, the design will be performed by the group with county input. The next step in this process is the selection of the site. Once the site is confirmed, a letter of intent spelling out all of the details of the project will be forthcoming for Board approval and signature. Mr. Clark stated he and the Assistant County Manager have been discussing this project with a business that has connections to the community about covering the additional cost but until an estimate can be prepared, it will be difficult for anyone to commit to taking on this cost. County Attorney, Ellis Hankins added the Board may, if desired, call a special- called meeting to visit sites in the county, if three of more commissioners are to be present. Vice Chairman Sims noted his preference to see site-specific architectural concept plans/pics to know what it will look like on a particular piece of land. Commissioner Puryear voiced consideration of the Person County Museum of History location as they already have a Constitution Day event on-site. 9 August 1, 2022 7 Roxboro Square Lease Discussion Mr. Clark stated two-years of 20-year lease remains on the Roxboro Square Lease for the building that houses the Department of Social Services, Health Department, Freedom House and Probation Services. Mr. Clark recommended to the Board to authorize him to begin negotiations on a lease extension to determine if this is the best alternative. Mr. Clark said the lease has provisions for a 10-year renewal as well as an option to purchase. Mr. Clark noted the county may opt to review construction of a new office building. Mr. Clark explained the tenant has complied with the terms of the lease minimally however he suggested the county review taking on the maintenance and custodial duties of the lease as part of negotiations; in addition consideration for needed up-fits, improvements and adjustments. Chairman Powell asked the Board if there was consensus of the Board to have the Interim County Manager to negotiate the Roxboro Square Lease. A motion was made by Commissioner Gentry and carried 5-0 to authorize the Interim County Manager to move forward with investigating possibilities of extending and/or renew the Roxboro Square Lease. Mr. Clark made the Board aware he would be out of the office on Thursday, August 4, 2022 due to a medical treatment in New Bern. COMMISSIONER REPORT/COMMENTS: Commissioner Gentry commented on a possible bill passed related the MVP pipeline to which the County Attorney, Ellis Hankins noted a bill was not passed however an article in the Washington Post indicated a positive development of a bill to be drafted to remove procedural roadblocks and speed up the approval of the permits for the natural gas MVP pipeline construction from West Virginia into southern Virginia; this will also positively impact the construction of the MVP Southgate natural gas pipeline continued into North Carolina possibly through Rockingham County, Alamance County thus making it closer to Person County. There were no reports/comments from Vice Chairman Sims or Commissioners Palmer and Puryear. 10 August 1, 2022 8 CLOSED SESSION #1 A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed Session at 7:50pm per General Statute 143-318.11(a)(6) for the purpose to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee with the following individuals permitted to attend: Interim County Manager, Ralph Clark, Clerk to the Board, Brenda Reaves, County Attorney, Ellis Hankins and Renee Narloch via video call. Chairman Powell announced a brief recess at 7:50pm to transition to the Closed Session #1. Chairman Powell called the Closed Session #1 to order at 7:55pm. A motion was made by Commissioner Puryear and carried 5-0 to return to open session at 8:21pm. ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 8:22pm. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 11 8/15/2022 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund Public Safety 5,404 Human Services 354,650 REVENUES General Fund Intergovernmental Revenues 354,650 Other Revenue 5,404 Explanation: Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) 100-389890 Misc Revs 4,137 1004310-435300 Sheriff: Maint & Repair/Vehicles 4,137 100-389890 Misc Revs 1,267 1004310-435300 Sheriff: Maint & Repair/Vehicles 1,267 12050-369235 Health Revs-Comm Disease Pandemic Recovery 240,310 1205110-430000 Pub Health-Contracted Services 240,310 12050-369235 Health Revs-Enhancing Detection Act 956 1205110-430000 Pub Health-Contracted Services 956 12050-369235 Health Revs-ARPA COVID-19 School Health 108,006 1205110-430000 Pub Health-Contracted Services 108,006 12050-368230 Health Revs-WIC 5,378 1205110-431300 Pub Health-Employee Training 2,000 1205100-430000 Pub Health-Contracted Services 3,378 Totals 360,054 360,054 BUDGET AMENDMENT #4 Received insurance claims for vehicle damages in the Sheriff's Department ($5,404); and recognizing additional State revenues received for various programs in the Health Department ($354,650). BUDGET ADJUSTMENT DETAIL 12 AGENDA ABSTRACT Meeting Date: August 15, 2022 Agenda Title: Person County Health Department Fee Requests Summary of Information: Ten of the proposed fees are associated with COVID-19 vaccinations. These proposed fees are for the administration of the various COVID-19 vaccinations and will be utilized to submit claims to insurance companies in an attempt to cover the cost of the vaccine administration. Individuals will not be charged a fee. Medical providers are not allowed to bill for the vaccine as it is provided by the federal government. The remaining proposed new fee is associated with monkeypox testing. This fee will allow PCHD to seek reimbursement for the monkeypox test. The Board of Health approved the Fee Schedule Amendments on Monday, July 25, 2022, and in accordance with the North Carolina General Statute 130A-39(g), the Board of Health requests the approval of the Board of Commissioners to implement the proposed fees which are attached. Recommended Action: Approve recommended fees. Submitted By: Janet Clayton, Health Director 13 Description CPT Code Medicaid Rate Proposed Updated Notes Immunization administration of COVID- 19 vaccine- Pfizer pediatric booster (5- 11yo)0074A 65.00$ 70.00$ Charge is consistent with current admin fee Immunization administration of COVID- 19 vaccine-Pfizer 6mth-4yr First Dose 0081A 65.00$ 70.00$ Charge is consistent with current admin fee Immunization administration of COVID- 19 vaccine-Pfizer 6mth-4yr Second Dose 0082A 65.00$ 70.00$ Charge is consistent with current admin fee Immunization administration of COVID- 19 vaccine- Pfizer 6mth-4yr Third Dose 0083A 65.00$ 70.00$ Charge is consistent with current admin fee Immunization administration of COVID- 19 vaccine-Moderna 6mth-5yr First Dose 0111A 65.00$ 70.00$ Charge is consistent with current admin fee Immunization administration of COVID- 19 vaccine-Moderna 6mth-5yr Second Dose 0112A 65.00$ 70.00$ Charge is consistent with current admin fee Immunization administration of COVID- 19 vaccine-Moderna 6mth-5yr Additional Dose 0113A 65.00$ 70.00$ Charge is consistent with current admin fee Immunization administration of COVID- 19 vaccine-Moderna 6-11 First Dose 0091A 65.00$ 70.00$ Charge is consistent with current admin fee Immunization administration of COVID- 19 vaccine-Moderna 6-11 Second Dose 0092A 65.00$ 70.00$ Charge is consistent with current admin fee Immunization administration of COVID- 19 vaccine-Moderna 6-11 Additional Dose 0093A 65.00$ 70.00$ Charge is consistent with current admin fee Infectious agent detection by nucleic acid (Monkeypox testing)87798 35.00$ 35.00$ Medicaid rate $31.18 14 AGENDA ABSTRACT Meeting Date: August 15, 2022 Agenda Title: Library Annual State Aid Non-Recurring Funds Contract Approval Summary of Information: The North Carolina State Legislature has appropriated additional, non-recurring funds to the Department of Natural and Cultural Resources to be distributed by the State Library of North Carolina to all public libraries in North Carolina. The Person County Public Library will receive $54,374 in non-recurring funding from this appropriation. Upon approval, the Finance Director will amend the budget as follows: Recommended Action: Acceptance and approval of this non-recurring funding contract and the amendment to the budget as described above. Submitted By: Tina Norris, Library Director LINE ITEM # LINE ITEM DESCRIPTION REVENUES EXPENDITURES 15055-375322 Library-State Aid Non-Recurring Allocation 54,374 1506110-420420 Library-State Aid Non-Recurring Expenditures 54,374 15 NON-STATE ENTITY AWARD AGREEMENT For Award 247 State Aid to Public Libraries 2000057929 US Treasury Expenditure Category: 6.1 Revenue Replacement This AWARD AGREEMENT, entered into on the undersigned date by and between the Department of Natural and Cultural Resources (the Agency), State Library of North Carolina and Person County Library (Grantee) (federal tax identification number 56-6000331-D), is for the use of certain federal financial assistance as appropriated by the State Budget Act of 2021 (SL 2021-180, as amended by SL 2021-189). These federal funds are to be spent on government services, and the State Budget Act has appropriated the funds as state financial assistance to the Grantee as described in legislation. The Agency and the Grantee are referred to collectively as “the Parties” in this Award Agreement. This Award Agreement identifies and acknowledges the Parties’ respective major federal and state powers, obligations, and duties in managing and reporting on the funds described. The Parties hereto agree as follows: SECTION 1. General Information 1.1 Award Agreement Table of Contents. SECTION 1. General Information 1.1 Award Agreement Table of Contents. 1.2 Federal Award Identification Table of References. 1.3 Definitions. 1.4 General Terms and Conditions. 1.5 Authorization. 1.6 Administering Offices. 1.7 Conflict between State and Federal Appropriation. 1.8 Disbursement Schedule. 1.9 Amount and Purpose of State Award. 1.10 Period of Performance. 1.11 Nonreverting Appropriation. 1.12 Recipient, Subrecipient, or Beneficiary. SECTION 2. Federal Requirements 2.1 Federal Award Terms and Conditions. 2.2 FFATA Required Executive Compensation Information. 2.3 FFATA Reporting on Grants and Contracts over $50,000. SECTION 3. State Requirements 3.1 State Administrative Code Requirements. 3.2 Disbursement Requests. 3.3 Financial Reporting. 3.4 Performance Reporting. SECTION 4. Monitoring Plan 4.1 Monitoring Plan. SECTION 5. Closeout 5.1 Closeout. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 16 SECTION 6. Signatures 6 Signatures. ADDENDA Attachment A. Project Plan/Scope of Work/Description of Services. Attachment B. Line-Item Budget. Attachment C. Notice of Certain Reporting and Audit Requirements Attachment D. No Overdue Tax Debts Form 1.2. Federal Award Identification Table of References. State Award Name: State Fiscal Recovery Funds PANGRAM Agreement Number 2000057929 Assistance Listing Number 21.027 FEDERAL AWARD IDENTIFICATION (2 CFR 200.332(a)(1)) Recipient Name Person County Library Award Period of Performance Start and End Dates To cover eligible costs incurred beginning March 3, 2021, and ending with costs incurred or obligated by December 31, 2024, expended by December 31, 2026. Federal Award Terms and Conditions https://home.treasury.gov/system/files/136/Financial-Assistance- Agreement-States-and-Territories.pdf Amount of Federal Funds Obligated to This Project from this Award $54,374 DNCR Contact Information Josh Davis, Chief Financial Officer 109 East Jones Street 4605 Mail Service Center Raleigh NC 27699-4605 (919)814-6725 joshua.davis@ncdcr.gov Project Contact Information and Representative for Notices Susan Forbes Assistant State Librarian State Library of North Carolina 4640 Mail Service Center Raleigh, NC 27699 (919) 814-6786 susan.forbes@ncdcr.gov 1.3 Definitions. Except as otherwise provided in the Award Agreement documents, the terms below shall have the following meanings in this Award Agreement: "Agency" means the North Carolina Department of Natural and Cultural Resources. "Audit" means an examination of records or financial accounts to verify their accuracy. "Award Agreement" means a legal instrument that is used to document a relationship between the Agency and the Grantee. "Certification of Compliance" means a report provided by the Grantee to the Agency that states that the Grantee has met the reporting requirements established by this Award Agreement and included as a statement of certification by the Agency as part of the Grantee reporting package. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 17 "Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained by the State and Local Government Finance Agency within the North Carolina Department of State Treasurer that has been developed in cooperation with agencies to assist the local auditor in identifying program compliance requirements and audit procedures for testing those requirements. "Fiscal Year" means the annual operating year of the non-state entity. "Financial Statement" means a report providing financial statistics relative to a given part of an organization's operations or status. "Grant" means financial assistance provided by a state agency to an eligible grantee to carry out activities identified in the Award Agreement. “Grantee” means an entity that receives State financial assistance. "Non-State Entity" has the meaning in G.S. 143C-1-1(d)(18). "Single Audit" means an audit that includes an examination of an organization's financial statements, internal controls, and compliance with the requirements of federal or state awards. “State financial assistance" means state funds disbursed as a grant, cooperative agreement, non- cash contribution, food commodities, or direct appropriation to a grantee or subrecipient as defined in this Award Agreement. "Special Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose. “State Funds" means any funds appropriated by the North Carolina General Assembly or collected by the State of North Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non-state entities. Both federal and state funds maintain their identity as they are disbursed as financial assistance to other organizations. "Subrecipient" means a non-state entity that receives state financial assistance from a Grantee to carry out part of a state program; but does not include an individual that is a beneficiary of such program. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 18 1.4 General Terms and Conditions 1.4.1 Choice of Law: The validity of this Award Agreement and any of its terms or provisions, as well as the rights and duties of the Parties to this Award Agreement, are governed by the laws of North Carolina. The Grantee, by signing this Award Agreement, agrees and submits, solely for matters concerning this Award Agreement, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Award Agreement and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. 1.4.2 Grantee’s Duties: The Grantee shall submit to the Agency the “REQUEST FOR PAYMENT OF APPROPRIATION(S) FROM NORTH CAROLINA GENERAL FUND” form, including the required enclosures. The Grantee shall provide the services as described in Attachment A, Project Plan/Scope of Work/Description of Services and in accordance with the approved budget in Attachment B. The Grantee may make line-item adjustments of less than ten percent (10%) for budgeted expenditures without prior approval from the Agency, except if the adjustment would exceed the total award amount. For line-item adjustments of ten percent (10%) or more for budgeted expenditures, the Grantee shall submit a written request for approval to the Agency and include a justification for the adjustment. Line-item adjustments requiring approval shall be effective only upon a dually executed amendment between the parties, in accordance with Section 1.4.21 of this Agreement. Amendments executed under this Paragraph shall include the new line-item adjustment(s) (Attachment B) and any changes in the Project Plan/Scope of Work/Description of Services (Attachment A) related to the duties and services affected by the line-item adjustment. An amendment that fails to comply with the requirements of this Paragraph shall not be binding upon the parties. A violation of this Paragraph shall constitute a material breach and shall entitle the non-breaching party to all rights and actions available to it under the law. 1.4.3 Agency Duties: Grants shall be paid at the direction of the Director of State Budget. The total amount paid by the Agency to the Grantee under this Award Agreement is $54,374. Grants of $100,000 or more to or for the use of the Grantee shall be made in quarterly or monthly payments, in the discretion of the Director of State Budget. Grants of less than $100,000 may DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 19 be made in one single payment. The Agency may provide monitoring and oversight through a combination of periodic e-mails, calls, visits, and review of reports, invoices, and deliverables. 1.4.4 Independent Contractor: The Grantee is and shall be deemed to be an independent contractor in the performance of this Award Agreement and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Grantee represents that it has, or shall secure at its own expense, all personnel required in performing the services under this Award Agreement. Such employees shall not be employees of, or have any individual contractual relationship with, the Agency. 1.4.5 Key Personnel: The Grantee shall not substitute key personnel assigned to the performance of this Award Agreement without prior written approval by the Agency’s Contract Administrator. The individuals designated as key personnel are those specified in Section 1.2 of this Award Agreement. 1.4.6 Assignment: No assignment of the Grantee's obligations or the Grantee's right to receive payment hereunder shall be permitted. However, upon written request approved by the Agency, the Agency may: a. Forward the Grantee's payment check(s) directly to any person or entity designated by the Grantee, or b. Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s). In no event shall such approval and action obligate the Agency to anyone other than the Grantee and the Grantee shall remain responsible for fulfillment of all contract obligations. 1.4.7 Beneficiaries: Except as otherwise provided herein, this Award Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Award Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Agency and the named Grantee. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Agency and Grantee that any such person or entity, other than the Agency or the Grantee, receiving services or benefits under this Award Agreement shall be deemed an incidental beneficiary only. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 20 1.4.8 Indemnification: The Grantee shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Award Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Grantee in the performance of this Award Agreement and that are attributable to the negligence or intentionally tortious acts of the Grantee. 1.4.9 Termination by Mutual Consent: The Parties may terminate this Award Agreement t by mutual consent with 60 days’ written notice to the other Party, or as otherwise provided by law. In that event, all finished or unfinished deliverable items prepared by the Grantee under this Award Agreement shall, at the option of the Agency, become its property. If the Award Agreement is terminated by the Agency as provided herein, the Grantee shall be paid for services satisfactorily completed, less payment or compensation previously made. Unexpended funds held by the Grantee shall revert to the Agency upon termination of this Award Agreement. 1.4.10 Termination for Cause: If, through any cause, the Grantee shall fail to fulfill its obligations under this Award Agreement in a timely and proper manner, the Agency shall have the right to terminate this Award Agreement by giving written notice to the Grantee and specifying the effective date thereof. Unexpended funds held by the Grantee shall revert to the Agency upon termination of this Award Agreement. In that event, all finished or unfinished deliverable items prepared by the Grantee under this Award Agreement shall, at the option of the Agency, become its property and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Grantee shall not be relieved of liability to the Agency for damages sustained by the Agency by virtue of the Grantee’s breach of this Award Agreement, and the Agency may withhold any payment due the Grantee for the purpose of setoff until such time as the exact amount of damages due the Agency from such breach can be determined. In case of default by the Grantee, the State may procure the services from other sources and hold the Grantee responsible for any excess cost occasioned thereby. The State reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful offeror without expense to the State. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 21 In addition, in the event of default by the Grantee under this Award Agreement, the State may immediately cease doing business with the Grantee, immediately terminate for cause all existing contracts the State has with the Grantee, and de-bar the Grantee from doing future business with the State. Upon the Grantee filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Grantee, the State may immediately terminate, for cause, this Award Agreement and all other existing contracts the Grantee has with the State, and de-bar the Grantee from doing future business. 1.4.11 Waiver of Default: Waiver by the Agency of any default or breach in compliance with the terms of this Award Agreement by the Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this Award Agreement unless stated to be such in writing, signed by an authorized representative of the Agency and the Grantee and attached to the Award Agreement. 1.4.12 Availability of Funds: The Parties to this Award Agreement agree and understand that the payment of the sums specified in this Award Agreement is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the Agency. 1.4.13 Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 1.4.14 Survival of Promises: Except as otherwise provided herein or unless superseded by applicable federal or state statute of limitations, all promises, indemnifications, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Award Agreement expiration or termination date. 1.4.15 Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this Award Agreement are the exclusive property of the Agency. The Grantee shall not assert a claim of copyright or other property interest in such deliverables. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 22 1.4.16 Federal Intellectual Property Bankruptcy Protection Act: The Parties agree that the Agency shall be entitled to all rights and benefits of the Federal Intellectual Property Bankruptcy Protection Act, Public Law 100-506, codified at 11 U.S.C. 365 (n) and any amendments thereto. 1.4.17 Compliance with Laws: The Grantee shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 1.4.18 Equal Employment Opportunity: The Grantee shall comply with all federal and state laws relating to equal employment opportunity. The Grantee shall take affirmative action in complying with all federal and state requirements concerning fair employment and employment of people with disabilities and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability. By signing this Agreement, the Grantee certifies its compliance with Title VI Civil Rights laws, and that it will cooperate in demonstrating compliance as may be required by the US Treasury. Further information on North Carolina’s duties may be found in Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non- discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). 1.4.19 Access to Persons and Records: The State Auditor and the Agency Internal Auditors shall have access to persons and records as a result of all contracts or grants entered into by state agencies or political subdivisions in accordance with N.C.G.S §. 147-64.7. Additionally, as the state funding authority, the Agency shall have access to persons and records as a result of all contracts or grants entered into by state agencies or political subdivisions. 1.4.20 Record Retention: The Grantee may be required to maintain records for at least five years after the completion of the last project across the entire set of SFRF projects funded by North Carolina’s SFRF Award. There are differences in the record retention periods required by federal and state regulations. Under the federal Award Terms and Conditions for SFRF, records must be retained for a period of the longer of five years after all funds have been expended or returned to Treasury. Generally, records of state assistance to grantees (grantees of the funds in this Agreement) covered by 09 NCAC 03M .0703 must be retained for the longer of five years or until all audit exceptions have been resolved as measured on an individual grant basis. Because SFRF is a single federal award, it may be necessary to keep records of all project expenditures, including record-keeping by grantees, until the longest of the timelines finishes. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 23 Therefore, the Grantee should seek specific written authorization from the Agency for destruction of any records prior to five years after all funds have been expended or returned to Treasury. 1.4.21 Amendment: This Award Agreement may not be amended orally or by performance. Any significant amendments to the plan or budget as described in Section 3.1 shall be made in writing on a form prepared by the Agency and duly executed by an authorized representative of the Agency and the Grantee. 1.4.22 Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Award Agreement violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this Award Agreement shall remain in full force and effect. 1.4.23 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the Award Agreement and should not be used to construe the meaning of any text or content thereof. 1.4.24 Certification Regarding Collection of Taxes: N.C.G.S. § 143-59.1 bars the Secretary of Administration from entering into contracts with vendors that meet one of the conditions of N.C.G.S. § 105-164.8(b) and yet refuse to collect use taxes on sales of tangible personal property to purchasers in North Carolina. The conditions include: (a) maintenance of a retail establishment or office; (b) presence of representatives in the State that solicit sales or transact business on behalf of the vendor; and (c) systematic exploitation of the market by media- assisted, media-facilitated, or media-solicited means. The Grantee certifies that it and all its affiliates (if any) collect all required federal, state, and local taxes. 1.4.25 Sales/Use Tax Refunds: If eligible, the Grantee and all subrecipients shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Award Agreement, pursuant to N.C.G.S. § 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 24 1.4.26 Travel Expenses: Travel expenses shall not be reimbursed in the performance of this Award Agreement. If travel is necessary in the performance of this Award Agreement, it shall be included in the approved project budget and narrative. 1.4.27 Entire Agreement: This Award Agreement and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede all prior oral or written statements or agreements. This Award Agreement and any addenda thereto, are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Award Agreement expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable federal or state statutes of limitation. 1.4.28 Gifts or Favors: By N.C.G.S. §133-32, it is unlawful for any vendor or contractor (i.e., architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor) to make gifts or to give favors to any state employee of the Governor’s cabinet agencies. This prohibition covers those vendors and contractors who: (1) have a contract with a government agency; or (2) have performed under such a contract within the past year; or (3) anticipate bidding on such a contract in the future. The requirements of N.C.G.S. § 133-32 are hereby incorporated by reference, including any subsequent amendments thereto, and shall apply to all vendors and subcontractors under this Award Agreement. 1.4.29 Effective Period: This Award Agreement shall be effective upon signature by all Parties to this Award Agreement and shall terminate upon final expenditure of all funds and submission of all reports as required by law. 1.4.30 Conflict of Interest Policy: Grantees shall have on file with the Agency a copy of the Grantee's policy addressing conflicts of interest that may arise involving the Grantee's management, employees, and the members of its governing body as set forth in N.C.G.S. § 143C-6-23(b). The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the Grantee's employees or members of its board or other governing body, from the Grantee's disbursing of state funds and shall include actions to be DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 25 taken by the Grantee or the individual, or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before Agency may disburse the grant funds. 1.4.31 Statement of No Overdue Tax Debts: The Grantee’s sworn written statement pursuant to N.C.G.S. § 143C-6-23(c), stating that the Grantee does not have any overdue tax debts, as defined by N.C.G.S. § 105-243.1, at the federal, state, or local level, is attached as Attachment D. Grantee acknowledges that the written statement must be filed before the Agency may disburse the grant funds. 1.4.32 Requirements: This Award Agreement is subject to the reporting requirements described in the Notice of Certain Reporting and Audit Requirements (Attachment C). The Grantee must ensure that grant funds disbursed under this Award Agreement are audited in compliance with state and federal audit requirements for local governments and public authorities, institutions of higher education, and nonprofit organizations, and, as applicable, according to the standards of the federal Single Audit Act and Circular A-133 “Audits of States, Local Governments, and Nonprofit Organizations” as supplied by the Executive Office of the President, Office of Management and Budget, Washington, DC. 1.4.33 Disbursements: As a condition of this Award Agreement, Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: (a) Implement adequate internal controls over disbursements. (b) Ensure sufficient account coding information to provide for tracking of grant funds through the Grantee’s accounting system. (c) Assure adequate control of signature stamps/plates. (d) Assure adequate control of negotiable instruments; and (e) Implement procedures to ensure that all account balances are solvent and reconcile the account monthly. 1.4.34 Outsourcing/Assignability/Subcontracting: The Grantee shall not subgrant any of the work contemplated under this Award Agreement without prior written approval from the Agency. The Agency shall not be obligated to pay for any work performed by any unapproved subgrantee or subrecipient. The Grantee or subrecipient is not relieved of any of the duties and responsibilities of this Award Agreement. Furthermore, any subrecipient must agree to abide by the standards contained in this Award Agreement and to provide all information to allow the Grantee to comply with these standards. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 26 1.4.35 Cap State-Funded Portion of Nonprofit Salaries: Pursuant to Session Law 2017-57, Section 6.4, no more than one hundred twenty thousand dollars ($120,000) in state funds, including any interest earnings accruing from those funds, may be used for the annual salary of any individual employee of the Grantee. 1.4.36 Contract Administrators: All notices permitted or required to be given by one Party to the other and all questions about the Agreement from one Party to the other shall be addressed and delivered to the other Party’s Contract Administrator. The name, post office address, street address, telephone number, and email address of the Parties’ respective initial Contract Administrators are set out below. Either Party may change the name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving written notice to the other Party within 30 calendar days of such change. 1.5. Authorization. This Award Agreement applies to federal Coronavirus State Fiscal Recovery Funds authorized in section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2, awarded to North Carolina, and appropriated in North Carolina by the 2021 Appropriations Act, S.L. 2021-180. Later legislation may modify these appropriations such as by technical corrections in S.L. 2021-189. 1.6 Administering Offices. The 2021 Appropriations Act directed the Office of State Budget and Management, Pandemic Recovery Office, to transfer these funds to the Agency to allocate to the Grantee. Session Law 2020-4 Section 4.3 directed the Office of State Budget and Management to establish the North Carolina Pandemic Recovery Office to perform the following: OSBM shall establish a temporary North Carolina Pandemic Recovery Office to oversee and coordinate funds made available under COVID-19 Recovery Legislation. This Office shall also provide technical assistance and ensure coordination of federal funds received by state agencies and local governments and ensure proper reporting and accounting of all funds. Similarly, the Agency will be responsible for providing technical assistance and ensuring coordination among Grantees for the proper reporting and accounting of funds received from the Agency through this program. 1.7 Conflict between State and Federal Appropriation. Session Law 2021-180 Section 4.9(c) directs that if there is a conflict between federal law and an appropriation in the state budget, the following obligations apply: Conflict. – If an allocation made under this act of State Fiscal Recovery Fund funds is found to be disallowed by federal law, the disallowed allocation is repealed, and the Office of State DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 27 Budget and Management shall transfer the amount of the disallowed allocation to the State Fiscal Recovery Reserve. If the funds have been allocated to a nonprofit corporation, and the use of funds by the nonprofit corporation is disallowed by federal law, the nonprofit corporation shall return the amount of funds allocated to the nonprofit corporation to the Agency to transfer the disallowed, repealed allocation, as provided in this section. The Grantee should promptly notify the Agency if, on the basis of official guidance or other analysis, that the allocation itself, or its use in a project design or implementation, may not be allowed by federal law. 1.8. Disbursement Schedule. Session Law 2021-180 Section 4.9(e) directs the Agency to disburse funds to nonprofits as follows: State Fiscal Recovery Fund funds shall be allocated to nonprofit organizations on a quarterly basis unless OSBM determines that cash flow or the nature of the program being funded requires otherwise. The Agency will follow the same quarterly disbursement schedule for all non-state entities unless it determines that cash flow or the nature of the program being funded requires otherwise. Determination of beneficiary status in Section 1.12 below may indicate the “nature of the program” requires a different disbursement schedule. 1.9 Amount and Purpose of Award. The federal award to North Carolina provides financial assistance for the State to do the following (emphasis added): a) To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; c) For the provision of government services to the extent of the reduction in revenue due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and d) To make necessary investments in water, sewer, or broadband infrastructure. Utilizing revenue replacement for government services, the Grantee has been selected in the 2021 Appropriations Act to receive and administer the following with a total allocation of up to $54,374. 1.10 Period of Performance. The recipient must provide the Agency approval project plans and budgets as detailed under State Requirements in Section 3. The federal period of performance requires that eligible expenditures must be incurred or obligated by December 31, 2024, and expended by December 31, 2026, as allowed by federal law and regulation. For information on eligible DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 28 costs incurred prior to the signing of this Award Agreement, see applicable federal law and regulations and guidance issued by the US Department of the Treasury for use of these funds and consult with the Agency. 1.11 Nonreverting Appropriation. Session Law 2021-180 Section 4.9(k) establishes this as a non- reverting state appropriation over multiple fiscal years: Reversion. – The funds appropriated in this act from the State Fiscal Recovery Fund shall not revert at the end of each fiscal year of the 2021-2023 fiscal biennium but shall remain available to expend until the date set by applicable federal law or guidance. 1.12 Recipient, Subrecipient or Beneficiary. For the purpose of determining the applicability of 2 CFR 200 Uniform Guidance and of 09 NCAC 03M, NCPRO looks first to the designation of federal financial assistance allocated by the state budget process for the provision of government services within the total calculated revenue loss. NCPRO does not view the provision of government services to make it a federal “Pass-through entity (PTE) [as] a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program” as defined in 2 CFR 200.1, beyond fulfilling the federal program purpose of replacing revenue to be used to provide government services as determined at the state level. To determine applicability of 09 NCAC 03M .0102 requires review of whether the appropriation describes a state program purpose or is solely financial assistance. For state Administrative Code definitions of a covered “recipient” or “subrecipient” receiving financial assistance “to carry out part of a state program,” or is a non-covered “beneficiary,” NCPRO adopts the rationale described in the federal SLFRF discussion of “Distinguishing Subrecipients and Beneficiaries” including the following excerpt, because the state Administrative Code adopted the same definition in 09 NCAC 03M .0102 (10) and (14) as in 2 CFR 200.1 that a federal subrecipient “does not include an individual that is a beneficiary of such program:” The distinction between a subrecipient and a beneficiary, therefore, is contingent upon the rationale for why a recipient is providing funds to the individual or entity. If the recipient is providing funds to the individual or entity for the purpose of carrying out a SLFRF program or project on behalf of the recipient, the individual or entity is acting as a subrecipient. Acting as a subrecipient, the individual or entity is subject to subrecipient monitoring and reporting requirements. Conversely, if the recipient is providing funds to the individual or entity for the purpose of directly benefitting the individual or entity as a result of experiencing a public health impact or negative economic impact of the pandemic, the individual or entity is acting as a beneficiary. Acting as a beneficiary, the individual or entity is not subject to subrecipient monitoring and reporting requirements. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 29 Whether the recipient of this non-state entity award is a beneficiary is a determination by OSBM/NCPRO, as are determinations of further subawards by the Grantee. SECTION 2. Federal Requirements 2.1 Federal Award Terms and Conditions. The parties acknowledge that these funds constitute federal financial assistance to the State of North Carolina and its recipients, and, therefore, use of these funds must be in accordance with federal uniform guidance found in 2 CFR 200, where applicable, and that none of these requirements is waived by recitations or terms of this Agreement or representations of the parties later during the term of performance, closeout, or post-closeout period except as allowed by law. The State of North Carolina is named by as the Prime Recipient of these federal funds and the Federal Award Terms and Conditions bind the recipient and its vendors, contractors and subrecipients, if any. The recipient specifically acknowledges responsibility for its duties under 2 CFR 200, Subpart E, “Cost Principles,” as required of recipients/subrecipients by operation of 09 NCAC 03M .0201. 2.2 FFATA Required Executive Compensation Information. Before disbursing funds to recipients, the State must document compliance with the Federal Funds Accountability and Transparency Act. The FFATA requires public disclosure of executive compensation in certain federally-funded organizations. By signing this Agreement, the Grantee certifies that its answers to one or both questions is “No:” 1) The recipient received 80% or more of its annual gross revenues from federal awards (contracts or subcontracts, loans, grants or subgrants, cooperative agreements)? Y/N and/or whether 2) The total of the recipients’ annual federal awards equaled or exceeded $25,000,000? Y/N. If the answer to either question is “No,” no further disclosure is required. If the answer to both questions is “yes,” then upon disclosure in writing, the Grantee may sign this Award Agreement, and consult with the Agency and NCPRO regarding how to publicly report the compensation information of its five most highly compensated executives. 2.3 FFATA Reporting on Grants and Contracts over $50,000. For each Contract, Grant, Loan, Transfer, or Direct Payment greater than $50,000, information must be obtained and reported through NCPRO to US Treasury, which may include: • Subrecipient/beneficiary/vendor/contractor identifying and demographic information (e.g., legal name, whether registered in SAM.gov, DUNS/UEI/TIN and location) • Award number (e.g., Award number, Contract number, Loan number) • Award date, type, amount, and description • Award payment method (reimbursable or lump sum payment(s)) • For loans, expiration date (date when loan expected to be paid in full) • Primary place of performance DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 30 • Related project identification number(s) (created by the recipient) • Related project name(s) • Period of performance start and end date • Quarterly obligation amount • Quarterly expenditure amount See latest guidance from US Treasury: (https://home.treasury.gov/policy- issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal- recovery-funds/recipient-compliance-and-reporting-responsibilities) SECTION 3. State Requirements 3.1 State Administrative Code Requirements. The parties acknowledge that these funds constitute federal financial assistance to the State of North Carolina to provide government services, and the State Budget Act appropriates the funds as state financial assistance to the named Grantee. Therefore, use of these funds must be in accordance with state regulations found in Title 09, Subchapter 03M of the North Carolina Administrative Code, and that none of these requirements is waived by recitations or terms of this Award Agreement or representations of the parties later during the term of performance, closeout, or post-closeout period except as allowed by law. 3.1.1 Reporting. Grantee agrees to comply with all annual reporting requirements on the financial assistance awarded by this Award Agreement as found in 09 NCAC 03M .0205, specifically certifying that the financial assistance received or held was used for the purposes for which it was awarded, providing an accounting of all financial assistance received, held, used, or expended, activities and accomplishments undertaken by the Grantee including performance measures established hereby, and required single or program-specific audit as may be required. 3.1.2 Project Plan/Scope of Work/Description of Services. Grantee agrees to provide a project plan/scope of work/description of services to be attached as Appendix A that specifies the purpose of the award, services to be provided, objectives to be achieved, and expected results as required by 09 NCAC 03M .0703 (1). 3.1.3 Budget. Grantee agrees to provide a budget for the project to be attached as Appendix B as required by 09 NCAC 03M .0703 (8) including an anticipated schedule of payments for the project duration. 3.2 Disbursement Requests. Implementation of programs and services under ARPA/SFRF is not intended as a reimbursement process. Unless otherwise agreed, the Grantee will submit disbursement requests on a forward-looking quarterly basis and will provide as justification its estimated cash flow needs for the upcoming quarter. The Agency and NCPRO will evaluate the DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 31 quarterly justification based on program descriptions, operating plans, and past use of funds to avoid accumulation of excessive cash reserves beyond operating needs for successful implementation and delivery of services. 3.3 Financial Reporting. The Grantee will provide monthly program and expenditure reports to the Agency as requested to fulfill its oversight, coordination, accounting, and reporting responsibilities internal to state government. The Grantee will provide quarterly financial and performance reporting for the purpose of legislative reporting mandated under SL 2021-180 and US Treasury reporting as detailed in its Compliance and Reporting Guide and User Guide, and the Parties agree to develop sufficient internal controls and procedures for timely and accurate reporting. 3.4 Performance Reporting. Grantee will provide, at a minimum, quarterly performance reports to the Agency as requested to fulfill its responsibilities internal to state government and for the purpose of US Treasury reporting as detailed in its Compliance and Reporting Guide and User Guide, and the Parties agree to develop sufficient internal controls and reporting procedures to ensure timely and accurate reporting. SECTION 4. Monitoring Plan 4.1 Monitoring Plan. For recipients/subrecipients (not beneficiaries), the Agency will conduct an annual risk assessment and develop a suitable monitoring plan to ensure compliance with these terms and identify any failures in the administration and performance of the Award. Monitoring activities will be selected based on an assigned risk of low, moderate, or high and may be based on factors including recent history of grant management, audit findings and corrective actions, and knowledge and experience of key personnel assigned. Monitoring activities may include review of monthly performance and financial reports, telephone and email interviews, desk audits of underlying documentation, and site visits (actual or virtual) to interview key personnel, to see performance sites, and to review files. The assessment and monitoring plan will also serve to identify whether the Grantee needs additional technical assistance to ensure success in timely meeting these requirements. Ongoing monitoring will be used to document allowable and unallowable costs, time and effort reporting and travel, achievement of performance objectives, and timely and accurate data reporting as appropriate. Monitoring also will be used to follow up on findings identified in earlier monitoring activities or after an audit to ensure that the Grantee took corrective action. If necessary, the Agency may amend the terms of the Award Agreement, plan, or budget to require implementation of additional terms to address deficiencies as a condition of continued funding disbursements. Special terms may be removed once a subsequent Grantee risk assessment shows a substantial reduction of risk. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 32 SECTION 5. Closeout 5.1 Closeout. The State of North Carolina as a prime recipient of a federal award will develop suitable closeout procedures in accordance with federal and state regulation and guidance from the US Treasury current at the time of signing and as may be promulgated and published during and after the period of performance. This includes determining timelines for completion of program and closeout tasks; determining whether all applicable administrative actions and all required work have been completed by the State and Grantee at the end of the period of performance; and requirements for liquidation of property or encumbered expenses if necessary; all in compliance with applicable law and guidance. SECTION 6. Signatures IN WITNESS WHEREOF, the Parties have executed this Award Agreement by their duly authorized officers. For unincorporated associations, an affidavit similar to that required for transfer of real property under N.C.G.S. § 59B-6 must be provided prior to disbursement, attesting to the capacity of the Authorized Representative to receive and direct the funds and bind the unincorporated association to the terms of this Agreement: FOR Grantee _________________________________________ _____________________ By Library Director: Date Tina Norris, Library Director The type of library and its governance determine the signature required on this document: In addition to the library director: County Library: Chair of County Commissioners Regional Library: Chair of Regional Board of Trustees Municipal Library: Chair of Town/City Council Independent County Library: Chair of Board of Trustees _________________________________________ _____________________ By Authorized Official: Date Gordon Powell, Chair, Person County Board of Commissioners FOR DNCR DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 7/22/2022 7/24/2022 33 _________________________________________ _____________________ By Authorized Representative: Date Josh Davis, Chief Financial Officer _________________________________________ _____________________ By Authorized Representative: Date Michelle Underhill, State Librarian _________________________________________ _____________________ By Authorized Representative: Date Staci Meyer, Chief Deputy Secretary ADDENDA Attachment A. Project Plan/Scope of Work/Description of Services. Attachment B. Line-Item Budget. Attachment C. Notice of Certain Reporting and Audit Requirements Attachment D. No Overdue Tax Debts Form. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 7/25/2022 7/25/2022 7/25/2022 34 Attachment A Project Plan/Scope of Work/Description of Services Session Law 2021-180 appropriated funds to the Grantee. Public Libraries in North Carolina suffered adverse economic impacts due to the COVID-19 Pandemic. The Grantee will use the $54,374 for materials, salaries, equipment, and operating costs, which are consistent with allowable uses outlined in 07 NCAC 02I .0202 State Aid Grants from the Aid to Public Library Fund. Attachment B Line-Item Budget Revenue State Fiscal Recovery Funds Directed Grant $54,374 Expenses Project Cost Aid to Libraries project costs such as materials, salaries, equipment, and operating costs $54,374 DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 35 Attachment C Notice of Certain Reporting and Audit Requirements The Grantee shall comply with all rules and reporting requirements established by state statute or administrative rules. [as detailed in SUBCHAPTER 03M – UNIFORM ADMINISTRATION OF STATE AWARDS OF FINANCIAL ASSISTANCE subchapter 3m rules.pdf (state.nc.us)] For convenience, the requirements are set forth in this Attachment. State Reporting Thresholds. There are three reporting levels established for grantees and subrecipients receiving state financial assistance. Reporting levels are based on the level of state financial assistance from all funding sources. The reporting levels are: (1) Level I – A grantee or subrecipient that receives, holds, uses, or expends state financial assistance in an amount less than twenty-five thousand dollars ($25,000) within its fiscal year. (2) Level II - A grantee or subrecipient that receives, holds, uses, or expends state financial assistance in an amount of at least twenty-five thousand ($25,000) or greater, but less than five hundred thousand dollars ($500,000) within its fiscal year. (3) Level III – A grantee or subrecipient that receives, holds, uses, or expends state financial assistance in an amount equal to or greater than five hundred thousand dollars ($500,000) within its fiscal year. Reporting requirements for grantees that meet the following reporting standards on an annual basis: (1) All grantees and subrecipients shall provide a certification that state financial assistance received or held was used for the purposes for which it was awarded. (2) All grantees and subrecipients shall provide an accounting of all state financial assistance received, held, used, or expended. (3) Level II and III grantees and subrecipients shall report on activities and accomplishments undertaken by the Grantee, including reporting on any performance measures established in this Award Agreement. (4) Level III grantees and subrecipients shall have a single or program-specific audit prepared and completed in accordance with Generally Accepted Government Auditing Standards (also known as the Yellow Book). All reports shall be filed with the Agency in the format and method specified by the Agency no later than three months following the end of the Grantee's fiscal year. Audits must be provided to the funding Agency no later than nine months following the end of the Grantee's fiscal year. The Grantee shall use the reporting package forms provided by the Agency in making and submitting reports to the Agency. Unless prohibited by law, the costs of audits made in accordance with the provisions of this Award Agreement shall be allowable charges to state and federal awards. The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in the Code of Federal Regulations, 2 CFR Part 200. The cost of any audit not conducted in accordance with this Award Agreement shall not be charged to state awards. Notwithstanding the provisions of this Award Agreement, a grantee may satisfy the reporting requirements of this Award Agreement by submitting a copy of the report required under federal law with respect to the same funds. Additional DNCR Financial and Performance Reporting Requirements Financial Reporting. The Grantee will provide monthly program and expenditure reports to the Agency as requested to fulfill its oversight, coordination, accounting, and reporting responsibilities internal to state government. The Grantee will provide quarterly financial and performance reporting for the purpose of legislative reporting mandated under SL 2021-180 and US Treasury reporting as detailed in its Compliance and Reporting Guide and User Guide, and the Parties agree to develop sufficient internal controls and procedures for timely and accurate reporting. Performance Reporting. Grantee will provide, at a minimum, quarterly performance reports to the Agency as requested to fulfill its responsibilities internal to state government and for the purpose of US Treasury reporting as detailed in its Compliance and Reporting Guide and User Guide, and the Parties agree to develop sufficient internal controls and reporting procedures to ensure timely and accurate reporting. DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 36 Attachment D No Overdue Tax Debts Form DocuSign Envelope ID: 9EA2A439-7304-42C5-9C10-C938CFB00A91 37 AGENDA ABSTRACT Meeting Date: August 15, 2022 Agenda Title: Home & Community Care Block Grant Reports: FY2021-2022 Final and FY2022-2023 First Revision Summary of Information: FY2021-2022 Home & Community Care Block Grant Final County Funding Plan to reflect actual spending for both the Person County Senior Center and the Dept. of Social Services. FY2022-2023 Home & Community Care Block Grant Revised County Funding Plan for the Person County Senior Center. Recommended Action: Approval of Home & Community Care Block Grant Reports: FY2021-2022 Final as well as FY2022-2023 First Revision Submitted By: Maynell Harper, Aging Services Director 38 39 40 41   RESOLUTION APPOINTING REVIEW OFFICERS   WHEREAS, S.L. 1997‐309 (S875) made a number of significant changes in the procedures for  recording maps and plats; and   WHEREAS, the main purpose of the law is to transfer the responsibility for reviewing plats to  determine whether they meet recording requirements from the Register of Deeds to a Review Officer;   and   WHEREAS, G.S. 47‐30.2 requires the Board of County Commissioners in each County, by  resolution, to appoint a person (persons) to serve as a Review Officer to review each plat before it is  recorded and certify that it meets the statutory requirements for recording;     WHEREAS, since the last Resolution was recorded, there has been changes in personnel which  creates erroneous information as to the serving Review Officers; and    WHEREAS, the desire of the Person County Board of Commissioners is to insure the expeditious  review of all maps and plats, as required by G.S. 47‐30.2, prior to being presented and recorded by the  Register of Deeds.   NOW THEREFORE, BE IT RESOLVED, effective upon adoption of this resolution, that  Christopher J. Bowley, Sarah Moore, Brooks Lockhart and Lauren Wrenn Johnson, are hereby appointed  to perform all responsibilities as required of a Review Officer under the appropriate North Carolina  General Statutes.   BE IT FURTHER RESOLUTED, that a copy of this Resolution designating the Review Officers be  recorded in the Person County Register of Deeds Office and indexed in the names of the Review  Officers.   This the 15th day of August 2022.           Person County Board of Commissioners    __________________________________  Gordon Powell, Chairman    Attest:    ___________________________________  Brenda B. Reaves, Clerk to the Board    42 AGENDA ABSTRACT Meeting date: August 15, 2022 Agenda Title: Opioid Settlement Fund Ordinance Summary of Information: The Finance Director is submitting a Special Revenue Fund Ordinance Relating to Person County’s Opioid Settlement for the anticipated receipt of $2,595,543 in incremental amounts through 2038 to abate the impacts of the opioid epidemic. This requires the establishment of a new fund for purposes of managing all associated revenues and expenditures that must be in compliance with the requirements in the Memorandum of Agreement (MOA) between the County and the State of North Carolina approved by the Person County Board of Commissioners via Resolution on May 17, 2021. We have established the Opioid Settlement Fund (Fund 460) since it is required that these funds must be held in a fund dedicated for their use. These funds can be used to create, expand, or sustain programs or services that serve persons with Opioid Use Disorder (OUD) or any co-occurring Substance Use Disorder (SUD) or mental health conditions. Funded programs or services may include evidence-based addiction treatment, recovery support services, recovery housing support, employment-related services, early intervention, Naloxone distributions, post-overdose response team, syringe service program, criminal justice diversion programs, addiction treatment for incarcerated persons, and/or reentry programs. Plans are in place to establish a committee whose members will need to become familiar with the restricted uses and eligibility requirements of the Opioid Settlement funds, and eventually present recommendations to the Board on how the funds could be spent. These funds are highly restricted under the current requirements, and are subject to heavy oversite and compliance. Due to the fact that more guidance is forthcoming from the State with regards to the eligibility and accounting of these funds, the current strategy is to delay any expenditure decisions until certainty is gained that the guidance provided is final. Recommended Action: Adopt the attached Opioid Settlement Fund Ordinance as recommended. Submitted By: Amy Wehrenberg, Finance Director 43 SPECIAL REVENUE FUND ORDINANCE  RELATING TO PERSON COUNTY’S  OPIOID SETTLEMENT    BE IT ORDAINED by the Board of Commissioners of the County of Person, North Carolina that,  pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following  Special Revenue Fund Ordinance is hereby adopted:     Section 1: This Special Revenue Fund Ordinance establishes a budget for projects to be funded  by the Opioid Settlement funds in accordance with the terms of the settlement agreement.  The  total allocation is $2,595,543, which will be available through 2038 to abate the impacts of the  opioid epidemic.  These funds must be used to provide opioid‐related expenditures in compliance  with the Memorandum of Agreement (MOA) with the State of North Carolina that the Person  County Board of Commissioners approved via Resolution on May 17th 2021, such as treatment,  recovery, harm reduction and other life‐saving programs and services, incurred after the MOA  was signed.    Section 2: Subject to further amendment the following amount is appropriated for the Special  Revenue Fund Ordinance and authorized for expenditure:     Reserve for Future Projects $2,595,543    Section 3: The following revenues are anticipated to be available to complete the Special  Revenue Fund Ordinance:     Opioid Settlement Funds $2,595,543    Section 4: The Finance Officer is hereby directed to maintain sufficient specific detailed  accounting records to satisfy the requirements of the grantor agency and the grant agreements.    Section 5: The Finance Officer is hereby directed to report the financial status of the Special  Revenue Fund Ordinance to the Board of County Commissioners on a quarterly basis.    Section 6: Copies of this Special Revenue Fund Ordinance shall be furnished to the Budget Officer,  the Finance Officer and to the Clerk to Board of Commissioners.    Section 7: This grant project ordinance is effective upon adoption by the Person County Board of  Commissioners and expires in 2038, or when all the Opioid funds have been obligated and  expended by the County, whichever occurs sooner.    Adopted this 15th day of August 2022.    __________________________________ __________________________________ Gordon Powell, Chairman Brenda B. Reaves Person County Board of Commissioners Clerk to the Board 44 45 46 47 48 49 50 51 52 53 54