09-21-2020 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
September 21, 2020
9:00am
(This Meeting will convene in the County Office Building Auditorium)
CALL TO ORDER………………………………………………….. Chairman Jeffers
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.
1
ITEM #1
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Revision to the False Alarm Ordinance,
B. Library Annual State Aid Application for Fiscal Year 2020-2021,
C. Home & Community Care Block Grant Final Reports for Fiscal Year 2019-
2020, and
D. REAL Academy LLC Contract
NEW BUSINESS:
ITEM #2
Broadband Deployment Update ………………………………………. Chris Puryear
ITEM #3
Update to the Comprehensive Land Use Plan for Person County
and the City of Roxboro …………………………………………………... Lori Oakley
ITEM #4
Request for Support of the Triangle Trails Initiative .……… Commissioner Clayton
ITEM #5
Proposed Open Burning Ordinance ………………………………......... Keith Duncan
ITEM #6
Submission of Legislative Goals for NC Association of County
Commissioners ……………………………………………………………… Heidi York
ITEM #7
Consideration to cancel the October 19, 2020 regular-scheduled
Board meeting ………………………………………………………………. Heidi York
ITEM #8
Appointments to Boards and Committees ……………………………. Brenda Reaves
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
2
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: Revision of False Alarm Ordinance
Summary of Information:
The False Alarm Ordinance that was passed on September 11th, 2017 provided for enforcement of
multiple false alarms calls by residents and commercial properties. Until now, the ordinance was
managed and enforced through the Inspections Department. It was decided to move the process to
the Fire Marshal’s Office as it dealt mainly with fire related activity. A summary of the changes in
language highlighted in red on the attached Person County False Alarm Ordinance.
Recommended Action: Replace any language that states Inspection Director and Fire Inspector
with Fire Marshal.
Submitted By: Keith Duncan
Person County Fire Marshal
3
Person County False Alarm Ordinance
BE IT ORDAINED by the Person County Board of Commissioners as follows:
Section 1. Findings
The Board does hereby find that:
(a) The Person County Board of Commissioners finds that excessive false alarms unduly burden the
County’s public safety resources.
(b) The Person County Board of Commissioners desires to reduce the number of false alarms and enhance
valuable public safety resources by establishing clear standards for the use of alarms, and clear
disincentives for the negligent and inappropriate use of alarms.
(c) GS 153A-121 and 123(c) provide the authority for local governments to adopt ordinances to protect
the safety of its citizens and charge fees for the violation of an ordinance.
Section 2. Purpose
The purpose of this ordinance is to encourage residential and commercial fire alarm users to properly use
and maintain the operational effectiveness and proper utilization of alarm systems and to reduce or
eliminate false alarms which may unduly divert fire resources.
This ordinance governs systems intended to summon a fire public safety response, establishes fees,
provides for penalties for violations, and establishes a system of administration.
Section 3. Applicability
This ordinance shall apply to all unincorporated portions of Person County pursuant to NCGS 153A-122.
Section 4. Definitions
1. Alarm System means sensors, controls and enunciators connected to detect and report a fire.
This definition shall not include alarms which do not require a response from law
enforcement or fire departments, such as self-contained residential smoke detectors and
vehicle alarms.
2. Alarm System User (or "user") means any person, corporation, partnership, or governmental
or educational entity that owns, leases, or occupies a property that utilizes an Alarm System.
3. False Alarm means activation of an Alarm System that elicits a response by fire or other
emergency response units when no situation requiring such a response exists because the
responding party finds no evidence of fire products or combustion. False Alarm includes
accidental, avoidable, and unnecessary alarm activation due to user error, equipment
malfunction, improper or unsuited equipment, but does not include alarm activation caused
by violent conditions of nature or other extraordinary circumstances beyond the control of the
Alarm System User.
Section 5. Prohibited Actions
1. It shall be unlawful for any person to activate an alarm for the purpose of summoning fire
departments when no fire exists at the location or otherwise cause an alarm when there is no
valid reason for activation of the alarm.
2. It shall be unlawful for a person to continue an action, process or maintain a situation which
continues to create false alarms occurring at the same location.
3. It shall be unlawful for an alarm system user to fail to reimburse Person County in
accordance with this ordinance’s criteria, for alarm responses deemed false.
4
Section 6. Civil penalties
1. Whenever a Person County Fire Department (paid or volunteer under contract with Person
County), the Person County Fire Inspector Marshal, or other public safety department
responds to a fire alarm and finds it to be a false alarm a record will be started for the
location. Monitoring of the location over the twelve month fiscal year will begin and warning
letters and fees will be sent to the alarm system user, based upon the following schedule:
i. For false alarm 1 through 2- written warning
ii. For false alarm 3 through 5 a fine of $50.00 each
iii. For false alarm 6 through 7 a fine of $100.00 each
iv. For false alarm 8 through 9 a fine of $250.00 each
v. For false alarm 10 and up a fine of $500.00 each
Payments must be received within 30 days or a twenty-five ($25) dollar late fee will be added to
the account.
Section 7. Exclusions
For the purpose of computing the number of alarm responses, a false alarm shall not include an
alarm that is:
1. Determined to have been activated by adverse weather conditions reported by the Person
County Emergency Services Director, Person County Fire MarshalInspector, the National
Weather Service, Director of Inspections or the responding agency.
2. Activated by an outside non-domesticated animal.
3. An alarm where there is physical evidence of a fire where the fire was ignited secondary to
the alarm so as to not be charged for a false alarm.
4. An alarm where there is physical evidence of a fire at the premises where the alarm was
activated.
5. A local alarm activated in the testing of the alarm system testing procedure shall not count
toward alarm responses as long as the alarm user notifies Person County 911 Center of the
alarm test prior to the testing.
Section 8. Notification
The Inspections Director Fire Marshal shall have the alarm system user notified in writing after the first
and each subsequent false alarm. The notification shall include:
a. The amount of the civil penalties for each false alarm,
b. The date by which the civil penalty must be paid (for false alarm 3 and above), and
c. A description of the appeal procedure available to the alarm user.
Section 9. Appeals
1. Any determination by an alarm system user that the fire alarm activation was not one of the
exclusions herein may be appealed to the Inspections DirectorFire Marshal within ten (10)
days of notification in writing. The decision of the Inspections DirectorFire Marshal shall be
final.
Section 10. Enforcement of Violations
1. Any person violating any of the provisions of this chapter shall be subject to the civil penalties set
forth. Any violation of this chapter shall be deemed a non-criminal violation and shall not be a
misdemeanor or infraction pursuant to G.S. 14-4.
2. If payment is not received or equitable settlement reached within one hundred eighty (180) days
after demand for payment is made, the matter shall be referred to the County Attorney. If
5
appropriate, the County Attorney may institute civil action in the name of the County in the
appropriate division of the general court of justice of Person County for recovery of the penalty,
recommend application of the debt set off program, or any other recovery mechanism allowed
under State law.
Section 11. Severability
1. All local ordinances in conflict herewith are hereby repealed to the extent of said conflict.
2. If this ordinance or application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the ordinance which can be
given separate effect and to this end the provisions of this ordinance are declared to be
severable.
3. This ordinance was originally adopted on shall become effective September 11, 2017 and
revised September 21, 2020.
___________________________________
B. Ray Jeffers, Chairman
Person County Board of Commissioners
_________________________________
Brenda B. Reaves
Clerk to the Board
6
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: Library Annual State Aid Application – Signature Request
Summary of Information: In order to receive annual grant funding from the State of North
Carolina, the library must submit an Annual State Aid Application, which must include a
signature form that has been signed by the Chairman of the County Board of Commissioners.
Recommended Action: Approval of Signature form and Chairman’s signature.
Submitted By: Tina Norris, Library Director
7
8
9
10
11
12
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: REAL Academy LLC Contract
Summary of Information: Contracts for REAL Academy LLC to work in partnership with the
Person County DSS, their leadership team, and County leadership to enhance service delivery,
decision-making, and alignment with statute, policy, and mandates. This will include
improvements on the Corrective Action Plan (CAP).
Recommended Action: Approval
Submitted By: Carlton B. Paylor, Sr., MBA
Director, Person County Department of Social Services
13
Contract # 1025
REAL Academy LLC
Page 1
Contract # 1025 Begins: September 1, 2020 Ends: December 31, 2020
This contract is hereby entered into by and between the Person County Department of Social
Services (the "County") and Vanguard Professional Staffing, Inc. (the "Contractor") (referred to
collectively as the “Parties”). The Contractor’s federal tax identification number is
85-2204997.
Contract Documents: This Contract consists of the following documents:
This contract
The General Terms and Conditions (Attachment A)
The Scope of Work, description of services, and rate (Attachment B)
Combine Federal Certification (Attachment C)
Conflict of Interest (Attachment D)
No Overdue Taxes (Attachment E)
HIPAA Business Associate Addendum (Attachment I) – not required
Certification of Transportation (Attachment J) – not required
IRS federal tax exempt letter or 501 (c)(Attachment K – not required
Contract Determination Questionnaire (Attachment L)
State Certification (Attachment M)
Non-Discrimination, Clean Air, Clean Water (Attachment N)
Contract Addendum – Non-Disclosure Agreement
These documents constitute the entire agreement between the Parties and supersede all prior
oral or written statements or agreements.
Precedence Among Contract Documents: In the event of a conflict between or among the
terms of the Contract Documents, the terms in the Contract Document with the highest relative
precedence shall prevail. The order of precedence shall be the order of documents as listed in
Paragraph 1, above, with the first-listed document having the highest precedence and the last-
listed document having the lowest precedence. If there are multiple Contract Amendments, the
most recent amendment shall have the highest precedence and the oldest amendment shall
have the lowest precedence.
Effective Period: This contract shall be effective on September 1, 2020 and shall terminate on
December 31, 2020. This contract must be twelve months or less.
Contractor’s Duties: The Contractor shall provide the services and in accordance with the
approved rate as described in Attachment B, Scope of Work.
County’s Duties: The County shall pay the Contractor in the manner and in the amounts
specified in the Contract Documents.
[ x ] a. There are no matching requirements from the Contractor.
[ ] b. The Contractor’s matching requirement is $__________, which shall consist of:
[ ] In-kind [ ] Cash [ ] Cash and In-kind [ ] Cash and/or In-kind
The contributions from the Contractor shall be sourced from non-federal funds.
The total contract amount including any Contractor match shall not exceed $136,000.
14
Contract # 1025
REAL Academy LLC
Page 2
Reversion of Funds:
Any unexpended grant funds shall revert to the County Department of Social Services upon
termination of this contract.
Reporting Requirements:
Contractor shall comply with audit requirements as described in N.C.G.S. § 143C-6-22 & 23 and
OMB Circular- CFR Title 2 Grants and Agreements, Part 200, and shall disclose all information
required by 42 USC 455.104, or 42 USC 455.105, or 42 USC 455.106.
Payment Provisions: Payment shall be made in accordance with the Contract Documents as
described in the Scope of Work, Attachment B.
Contract Administrators: All notices permitted or required to be given by one Party to the
other and all questions about the contract from one Party to the other shall be addressed and
delivered to the other Party’s Contract Administrator. The name, post office address, street
address, telephone number, fax number, and email address of the Parties’ respective initial
Contract Administrators are set out below. Either Party may change the name, post office
address, street address, telephone number, fax number, or email address of its Contract
Administrator by giving timely written notice to the other Party.
For the County: For the Contractor:
Wendy McKinney, Accounting Technician
Person County Department of Social Services REAL Academy, LLC
P.O. Box 770 1114 Crab Creek Road
355B South Madison Boulevard
Roxboro, NC 27573 Hendersonville, NC 28739
(336) 599-8361
Supplementation of Expenditure of Public Funds: The Contractor assures that funds
received pursuant to this contract shall be used only to supplement, not to supplant, the total
amount of federal, state and local public funds that the Contractor otherwise expends for
contract services and related programs. Funds received under this contract shall be used to
provide additional public funding for such services; the funds shall not be used to reduce the
Contractor’s total expenditure of other public funds for such services.
Disbursements: As a condition of this contract, the Contractor acknowledges and agrees to
make disbursements in accordance with the following requirements:
(a) Implement adequate internal controls over disbursements;
(b) Pre-audit all vouchers presented for payment to determine:
Validity and accuracy of payment
Payment due date
Adequacy of documentation supporting payment
Legality of disbursement
(c) Assure adequate control of signature stamps/plates;
(d) Assure adequate control of negotiable instruments; and
(e) Implement procedures to insure that account balance is solvent and reconcile the
account monthly.
15
Contract # 1025
REAL Academy LLC
Page 3
Outsourcing to Other Countries: The Contractor certifies that it has identified to the County
all jobs related to the contract that have been outsourced to other countries, if any. The
Contractor further agrees that it will not outsource any such jobs during the term of this contract
without providing notice to the County.
Federal Certifications: Individuals and Organizations receiving federal funds must ensure
compliance with certain certifications required by federal laws and regulations. The contractor is
hereby complying with Certifications regarding Nondiscrimination, Drug-Free Workplace
Requirements, Environmental Tobacco Smoke, Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions, and Lobbying. These assurances and
certifications are to be signed by the contractor’s authorized representative.
Signature Warranty: The undersigned represent and warrant that they are authorized to bind
their principals to the terms of this agreement.
Signature Warranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this
agreement.
The Contractor and the County have executed this contract in duplicate originals, with one original being retained by
each party.
REAL Academy, LLC
____________________________________ _________________________
Dr. Kevin Marino Date
Person County Manager
_________________________________ _________________________
Heidi York Date
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
___________________________________ ___________________________
Amy Wehrenberg, County Finance Director Date
16
Contract # 1025
REAL Academy LLC
Page 4
ATTACHMENT A
General Terms and Conditions
Relationships of the Parties
Independent Contractor: The Contractor is and shall be deemed to be an independent contractor in the performance of
this contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees.
The Contractor represents that it has, or shall secure at its own expense, all personnel required in performing the services
under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the
County.
Subcontracting: The Contractor shall not subcontract any of the work contemplated under this contract without prior written
approval from the County. Any approved subcontract shall be subject to all conditions of this contract. Only the
subcontractors specified in the contract documents are to be considered approved upon award of the contract. The County
shall not be obligated to pay for any work performed by any unapproved subcontractor. The Contractor shall be responsible
for the performance of all of its subcontractors.
Assignment: No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be
permitted. However, upon written request approved by the issuing purchasing authority, the County may: Forward the
Contractor's payment check(s) directly to any person or entity designated by the Contractor, or Include any person or entity
designated by Contractor as a joint payee on the Contractor's payment check(s). In no event shall such approval and action
obligate the County to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all
contract obligations.
Beneficiaries: Except as herein specifically provided otherwise, this contract 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 contract, and all rights of action relating to such enforcement, shall be strictly reserved to the
County and the named Contractor. Nothing contained in this document shall give or allow any claim or right of action
whatsoever by any other third person. It is the express intention of the County and Contractor that any such person or entity,
other than the County or the Contractor, receiving services or benefits under this contract shall be deemed an incidental
beneficiary only.
Indemnity and Insurance
Indemnification: The Contractor agrees to indemnify and hold harmless the County and any of their officers, agents and
employees, from any claims of third parties arising out or any act or omission of the Contractor in connection with the
performance of this contract.
Insurance: During the term of the contract, the Contractor at its sole cost and expense shall provide commercial insurance
of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the
Contractor shall provide and maintain the following coverage and limits:
Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance as required
by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $500,000.00, covering all
of Contractor’s employees who are engaged in any work under the contract. If any work is sublet, the Contractor shall
require the subcontractor to provide the same coverage for any of his employees engaged in any work under the
contract.
Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in
the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.)
Automobile Liability Insurance: The Contractor shall provide automobile liability insurance with a combined single
limit of $500,000.00 for bodily injury and property damage; a limit of $500,000.00 for uninsured/under insured
motorist coverage; and a limit of $2,000.00 for medical payment coverage. The Contractor shall provide this insurance
for all automobiles that are:
(a) owned by the Contractor and used in the performance of this contract;
(b) hired by the Contractor and used in the performance of this contract; and
(c) Owned by Contractor’s employees and used in performance of this contract (“non-owned vehicle insurance”).
Non-owned vehicle insurance protects employers when employees use their personal vehicles for work
purposes. Non-owned vehicle insurance supplements, but does not replace, the car-owner’s liability insurance.
17
Contract # 1025
REAL Academy LLC
Page 5
The Contractor is not required to provide and maintain automobile liability insurance on any vehicle – owned,
hired, or non-owned -- unless the vehicle is used in the performance of this contract.
(d) The insurance coverage minimums specified in subparagraph (a) are exclusive of defense costs.
(e) The Contractor understands and agrees that the insurance coverage minimums specified in subparagraph (a) are
not limits, or caps, on the Contractor’s liability or obligations under this contract.
(f) The Contractor may obtain a waiver of any one or more of the requirements in subparagraph (a) by
demonstrating that it has insurance that provides protection that is equal to or greater than the coverage and
limits specified in subparagraph (a). The County shall be the sole judge of whether such a waiver should be
granted.
(g) The Contractor may obtain a waiver of any one or more of the requirements in paragraph (a) by demonstrating
that it is self-insured and that its self-insurance provides protection that is equal to or greater than the coverage
and limits specified in subparagraph (a). The County shall be the sole judge of whether such a waiver should be
granted.
(h) Providing and maintaining the types and amounts of insurance or self-insurance specified in this paragraph is a
material obligation of the Contractor and is of the essence of this contract.
(i) The Contractor shall only obtain insurance from companies that are authorized to provide such coverage and
that are authorized by the Commissioner of Insurance to do business in the State of North Carolina. All such
insurance shall meet all laws of the State of North Carolina.
(j) The Contractor shall comply at all times with all lawful terms and conditions of its insurance policies and all
lawful requirements of its insurer.
(k) The Contractor shall require its subcontractors to comply with the requirements of this paragraph.
(l) The Contractor shall demonstrate its compliance with the requirements of this paragraph by submitting
certificates of insurance to the County before the Contractor begins work under this contract.
Transportation of Clients by Contractor:
The contractor will maintain Insurance requirements if required as noted under Article 7 Rule R2-36 of the North Carolina
Utilities Commission.
Default and Termination
Termination without Cause: The County may terminate this contract without cause by giving 30 days written notice to the
Contractor.
Termination for Cause: If, through any cause, the Contractor shall fail to fulfill its obligations under this contract in a timely
and proper manner, the County shall have the right to terminate this contract by giving written notice to the Contractor and
specifying the effective date thereof. In that event, all finished or unfinished deliverable items prepared by the Contractor
under this contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation
previously made. Notwithstanding the foregoing provision, the Contractor shall not be relieved of liability to the County for
damages sustained by the County by virtue of the Contractor’s breach of this agreement, and the County may withhold any
payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the County from
such breach can be determined. In case of default by the Contractor, without limiting any other remedies for breach
available to it, the County may procure the contract services from other sources and hold the Contractor responsible for any
excess cost occasioned thereby. The filing of a petition for bankruptcy by the Contractor shall be an act of default under this
contract.
Waiver of Default: Waiver by the County of any default or breach in compliance with the terms of this contract by the
Provider shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of
the terms of this contract unless stated to be such in writing, signed by an authorized representative of the County and the
Contractor and attached to the contract.
Availability of Funds: The parties to this contract agree and understand that the payment of the sums specified in this
contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this
purpose to the County.
Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as 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.
18
Contract # 1025
REAL Academy LLC
Page 6
Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties
contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or
unless superseded by applicable Federal or State statutes of limitation.
Intellectual Property Rights
Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this contract are the exclusive
property of the County. The Contractor shall not assert a claim of copyright or other property interest in such deliverables.
Federal Intellectual Property Bankruptcy Protection Act: The Parties agree that the County 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.
Compliance with Applicable Laws
Compliance with Laws: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing
requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having
jurisdiction and/or authority.
Title VI, Civil Rights Compliance: In accordance with Federal law and U.S. Department of Agriculture (USDA) and U.S.
Department of Health and Human Services (HHS) policy, this institution is prohibited from discriminating on the basis of
race, color, national origin, sex, age or disability. Under the Food Stamp Act and USDA policy, discrimination is prohibited
also on the basis of religion or political beliefs.
Equal Employment Opportunity: The Contractor shall comply with all federal and State laws relating to equal employment
opportunity.
Health Insurance Portability and Accountability Act (HIPAA): The Contractor agrees that, if the County determines that
some or all of the activities within the scope of this contract are subject to the Health Insurance Portability and Accountability
Act of 1996, P.L. 104-91, as amended (“HIPAA”), or its implementing regulations, it will comply with the HIPAA
requirements and will execute such agreements and practices as the County may require to ensure compliance.
(a) Data Security: The Contractor shall adopt and apply data security standards and procedures that comply with all
applicable federal, state, and local laws, regulations, and rules.
(b) Duty to Report: The Contractor shall report a suspected or confirmed security breach to the local Department of
Social Services/Human Services Contract Administrator within twenty-four (24) hours after the breach is first
discovered, provided that the Contractor shall report a breach involving Social Security Administration data or
Internal Revenue Service data within one (1) hour after the breach is first discovered.
(c) Cost Borne by Contractor: If any applicable federal, state, or local law, regulation, or rule requires the Contractor
to give written notice of a security breach to affected persons, the Contractor shall bear the cost of the notice.
Trafficking Victims Protection Act of 2000: The Contractor will comply with the requirements of Section 106(g) of the
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104).
Executive Order # 24: It is unlawful for any vendor, contractor, subcontractor or supplier of the state to make gifts or to give
favors to any state employee. For additional information regarding the specific requirements and exemptions, contractors
are encouraged to review Executive Order 24 and G.S. Sec. 133-32.
Confidentiality
Confidentiality: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the
Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or
organization without the prior written approval of the County. The Contractor acknowledges that in receiving, storing,
processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information
except as otherwise provided in this contract.
19
Contract # 1025
REAL Academy LLC
Page 7
Oversight
Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all contracts or
grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. Additionally, as
the State funding authority, the Department of Health and Human Services shall have access to persons and records as a
result of all contracts or grants entered into by State agencies or political subdivisions.
Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent of the
Division. State basic records retention policy requires all grant records to be retained for a minimum of five years or until all
audit exceptions have been resolved, whichever is longer. If the contract is subject to federal policy and regulations, record
retention may be longer than five years since records must be retained for a period of three years following submission of the
final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal
Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this
Contract has been started before expiration of the five-year retention period described above, the records must be retained
until completion of the action and resolution of all issues which arise from it, or until the end of the regular five-year period
described above, whichever is later. The record retention period for Temporary Assistance for Needy Families (TANF) and
MEDICAID and Medical Assistance grants and programs must be retained for a minimum of ten years.
Warranties and Certifications
Date and Time Warranty: The Contractor warrants that the product(s) and service(s) furnished pursuant to this contract
(“product” includes, without limitation, any piece of equipment, hardware, firmware, middleware, custom or commercial
software, or internal components, subroutines, and interfaces therein) that perform any date and/or time data recognition
function, calculation, or sequencing will support a four digit year format and will provide accurate date/time data and leap
year calculations. This warranty shall survive the termination or expiration of this contract.
Certification Regarding Collection of Taxes: G.S. 143-59.1 bars the Secretary of Administration from entering into contracts
with vendors that meet one of the conditions of 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 Contractor certifies
that it and all of its affiliates (if any) collect all required taxes.
E-Verify
Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the Contractor named below, and the
Contractor’s subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including
the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its
employees through the federal E-Verify system." E-Verify System Link: www.uscis.gov
Miscellaneous
Choice of Law: The validity of this contract and any of its terms or provisions, as well as the rights and duties of the parties
to this contract, are governed by the laws of North Carolina. The Contractor, by signing this contract, agrees and submits,
solely for matters concerning this Contract, 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 the county is which the contract originated. The
place of this contract and all transactions and agreements relating to it, and their situs and forum, shall be the county where
the contract originated, where all matters, whether sounding in contract or tort, relating to the validity, construction,
interpretation, and enforcement shall be determined.
Amendment: This contract may not be amended orally or by performance. Any amendment must be made in written form
and executed by duly authorized representatives of the County and the Contractor.
Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract
violates any applicable law, each such provision 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 contract shall remain in
full force and effect.
20
Contract # 1025
REAL Academy LLC
Page 8
Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the
agreement and should not be used to construe the meaning thereof.
Time of the Essence: Time is of the essence in the performance of this contract.
Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract
without the prior written approval of the County. The term “key personnel” includes any and all persons identified as such
in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the
parties.
Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property
furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or
damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to
the disposition of such property and shall comply with these instructions.
Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in
the performance of this contract shall not exceed the rates established in County policy.
Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of
Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105-
164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered
in their reimbursement reports.
Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising.
21
Contract # 1025
REAL Academy LLC
Page 9
ATTACHMENT B – Scope of Work Federal Tax Id. 85-2204997
NORTH CAROLINA The REAL Academy
HENDERSON COUNTY CONSULTATION AGREEMENT
THIS AGREEMENT, made and entered into on the date hereinafter stated, by and between
REAL Academy, LLC, a North Carolina corporation, with its principal office and place of
business in Hendersonville, Henderson County, North Carolina, hereinafter called “Service
Provider”; and Person County Department of Social Services, with its principal office and place
of business in Roxboro, Person County, North Carolina, hereinafter called “Agency”.
WITNESSETH:
WHEREAS, the Service Provider is a North Carolina corporation, having as its principal
business the providing of assistance to help address issues identified by NC Department of
Health and Human Services related to safety, permanence, and well being of children and their
families.
WHEREAS, the Service Provider employs individuals with varying degrees of experience who
are able to provide staffing and consultation services to the Agency;
WHEREAS, the Agency, from time to time, is in need of the various services provided by the
Service Provider.
WHEREAS, it is the intent of both the Service Provider and the Agency by this Agreement to set
forth its terms and conditions.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
conditions hereinafter set forth, the adequacy and sufficiency of which are hereby
acknowledged, the parties covenant and agree as follows:
1.0 Case Reviews
a) Review statistically significant sample of screened out/in reports using Human
Resource Management (HRM) Tools. Results of screening decisions will be
reviewed with management team. Celebration and action steps will be generated to
inform training and coaching for front line staff and management.
b) Review statistically significant sample of investigation/assessments using HRM tools
(currently monthly average of total investigations/assessments). Results of fact-
finding, inductive reasoning, scoring SDM tools, construction of safety assessments,
and case management team will review decisions. Celebration and action steps will
be generated to inform training and coaching for front line staff and management.
2.0 Leadership Coaching
a) Partner and coach the Director and leadership team on culture and climate,
day to day management, and other areas as needed
b) Implement specific continuous quality improvement strategies
22
Contract # 1025
REAL Academy LLC
Page 10
3.0 Communication Loops
a) Independent assessment results will be communicated to the County
Manager, ongoing. Other communication will ensure that DSS Director is
informed of findings, then strategizes with Director to then disseminated to
management; performance feedback given to front line staff.
b) The consultants prefer to work directly with management to facilitate and
support their leadership. We do not staff cases 1:1 with field staff. Preservation of
professional respect of management and leadership positions are necessary for
sustainable change. We implement a “360 degree” feedback model. This model
seizes any opportunity to affirm and coach based on natural and structured
observations.
c) Capacity modeling and resilience strategies will be discussed and trained to
mitigate secondary stress risks that lead to poor decision-making and turnover.
d) Assist in crafting a Continuous Quality Control Process (CQI) for social work
programs that can be emulated in other services areas of Person DSS.
4.0 Term. The term of this Agreement between the Agency and the Service Provider shall
begin on September 1, 2020 and shall end the December 31, 2020.
5.0 Termination. The relationship between the Agency and the Service Provider shall
terminate on December 31, 2020or earlier as follows:
a) Upon thirty (30) days written notice given by either party to the other;
b) Upon the mutual written consent of both parties;
c) Upon the liquidation of either business entity.
In the event of such termination, the Agency shall pay the Service Provider for the
services actually rendered to it by the Service Provider’s Staff and the Service Provider
shall pay the Agency any sums due it.
6.0 Payment Terms. The Service Provider will provide the Agency with bi-weekly invoices
for services rendered, unless specified otherwise in the Addendum. The Agency agrees
to pay the invoices in full within thirty (30) days of receipt. The total amount of this
contract ending December 31, 2020 is not to exceed $136,000.
7.0 Confidentiality.
a) Confidential Information of the Service Provider. The Agency acknowledges that
the Service Provider’s methods of sales and service and other information of a secret
or confidential nature which is required to be maintained as such for the continued
success of the Service Provider and its business is valuable, special, and proprietary
information. It is a unique asset of the Service Provider that is collectively deemed to
be a trade secret. The Agency agrees to hold in confidence and not to disclose or
use for its benefit any confidential or proprietary information received from the
Service Provider during the term of this Agreement and subsequent extensions and
continuations thereof. This includes solicitation of employees of the Service Provider
for permanent or other positions of the Agency prior to placement through the
Service Provider, and sharing of resumes or names of employees of the Service
23
Contract # 1025
REAL Academy LLC
Page 11
Provider with other agencies seeking potential employees. All conditions for
solicitation of Service Provider’s employees is contained in Article 7.0 below.
c) Confidential Information of the Agency’s Clients. The Service Provider
acknowledges that the Clients of the Agency and information relating to Clients of the
Agency is confidential information under the laws of the State of North Carolina and
agrees to keep such information confidential.
8.0 Independent Contractual Relationship. The parties understand and agree that each
is an independent contractor engaged in the operation of its own respective business,
that neither party shall be considered to be the agent, master or servant of the other
party for any purpose, and that neither has any general authority to enter into any
contract, to assume any obligations or to make any warranties or representations on
behalf of the other. Further, nothing in this Agreement is intended or shall be deemed to
constitute a partnership, agency, employer employee, or a joint venture relationship
between the Agency and the Service Provider. As an independent contractor, the
Service Provider agrees that neither it nor its employees are employee(s) of the Agency,
that the Agency is not required to provide the Service Provider or its employees with
worker’s compensation insurance or any other insurance coverage or benefits, and that
the Service Provider is responsible for all federal and state income, Social Security,
Medicare, unemployment and disability taxes for its employees. EXCEPTION: Payrolled
employees are temporary employees of the Agency, and are identified as such in the
Addendum to this contractual agreement.
9.0 Indemnification. The Agency and the Service Provider agree to hold each other
harmless from and against any and all claims, demand, liabilities, suits, actions, losses,
damages, costs, expenses and reasonable attorney’s fees arising from the other party’s
negligent performance or breach of its obligations under this Agreement.
24
Contract # 1025
REAL Academy LLC
Page 12
10.0 Miscellaneous.
a) Severability. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the provisions hereof, and the Agreement shall be
construed in all respects as if such invalid or enforceable provision were omitted.
b) Governing Law. The Contract shall be subject to and governed by the laws of the
State of North Carolina.
c) Amendments. The Agreement may not be amended, added to, or changed except
by written agreement signed by the Agency and the Service Provider.
d) Assignment. Neither this Contract nor any rights or obligations created therein shall
be assigned by the Agency without the express written consent of the Service
Provider.
e) Notices. All notices provided for herein shall be in writing and served upon the
parties at the then-current mailing address for each party.
f) Non-Exclusive. Both parties agree that this agreement is non-exclusive in that each
party shall have the right to provide services to other entities and receive services
from other entities.
g) Employment. We are an Equal Employment Opportunity Employer.
IN WITNESS WHEREOF, the Agency and the Service Provider caused this Agreement to be
signed in the name by its officers duly authorized to do so.
REAL Academy, LLC
_________________________________ _________________________
Dr. Kevin Marino Date
Person County Manager
_________________________________ _________________________
Heidi York Date
Chairman, County Commissioners
_________________________________ _________________________
B. Ray Jeffers Date
25
Contract # 1025
REAL Academy LLC
Page 13
ATTACHMENT C
FEDERAL CERTIFICATIONS
The undersigned states that:
(a) He or she is the duly authorized representative of the Contractor named below;
(b) He or she is authorized to make, and does hereby make, the following certifications on behalf of the
Contractor, as set out herein:
a. The Certification Regarding Nondiscrimination;
b. The Certification Regarding Drug-Free Workplace Requirements;
c. The Certification Regarding Environmental Tobacco Smoke;
d. The Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower
Tier Covered Transactions; and
e. The Certification Regarding Lobbying;
(c) He or she has completed the Certification Regarding Drug-Free Workplace Requirements by
providing the addresses at which the contract work will be performed;
(d) [Check the applicable statement]
[ ] He or she has completed the attached Disclosure Of Lobbying Activities because the
Contractor has made, or has an agreement to make, a payment to a lobbying entity for
influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with a covered Federal action;
OR
[ ] He or she has not completed the attached Disclosure Of Lobbying Activities because
the Contractor has not made, and has no agreement to make, any payment to any
lobbying entity for influencing or attempting to influence any officer or employee of any
agency, any Member of Congress, any officer or employee of Congress, or any employee
of a Member of Congress in connection with a covered Federal action.
(e) The Contractor shall require its subcontractors, if any, to make the same certifications and
disclosure.
REAL Academy, LLC.
____________________________________ _________________________
Dr. Kevin Marino Date
[This Certification Must be Signed by the Same Individual Who Signed the Proposal Execution Page]
26
Contract # 1025
REAL Academy LLC
Page 14
a. Certification Regarding Nondiscrimination
The Vendor certifies that it will comply with all Federal statutes relating to nondiscrimination.
These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) the Food
Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political
beliefs; and (i) the requirements of any other nondiscrimination statutes which may apply to this
Agreement.
b. Certification Regarding Drug Free Workplace Requirements
I. By execution of this Agreement the Contractor certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace;
(2) The Contractor’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
C. Making it a requirement that each employee be engaged in the performance of the
agreement be given a copy of the statement required by paragraph (A);
D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the agreement, the employee will: (1) Abide by the terms of the statement; and
27
Contract # 1025
REAL Academy LLC
Page 15
(2) Notify the employer of any criminal drug statute conviction for a violation occurring
in the workplace no later than five days after such conviction;
E. Notifying the County within ten days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction; F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (D)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including
termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and
Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (A), (B), (C), (D), (E), and (F).
The site(s) for the performance of work done in connection with the specific agreement are
listed below:
355B South Madison Boulevard, Roxboro, NC 27573
Contractor will inform the County of any additional sites for performance of work under this agreement.
False certification or violation of the certification shall be grounds for suspension of payment,
suspension or termination of grants, or government-wide Federal suspension or debarment
45 C.F.R. Section 82.510. Section 4 CFR Part 85, Section 85.615 and 86.620.
c. Certification Regarding Environmental Tobacco Smoke
Public Law 103-227, Part C-Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act),
requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by
an entity and used routinely or regularly for the provision of health, day care, education, or library services to
children under the age of 18, if the services are funded by Federal programs either directly or through State or
local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's
services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of
facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result
in the imposition of a civil monetary penalty of up to $1,000.00 per day and/or the imposition of an
administrative compliance order on the responsible entity.
The Contractor certifies that it will comply with the requirements of the Act. The Contractor further agrees that it
will require the language of this certification be included in any subawards that contain provisions for children's
services and that all subgrantees shall certify accordingly.
28
Contract # 1025
REAL Academy LLC
Page 16
d. Certification Regarding Debarment, Suspension, Ineligibility,
and Voluntary Exclusion-Lower Tier Covered Transactions
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of the fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant will provide immediate written notice to the person to
whom the proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered
transaction with a person who is debarred, suspended, determined ineligible or voluntarily
excluded from participation in this covered transaction unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency of which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
29
Contract # 1025
REAL Academy LLC
Page 17
9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension, and/or
debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
e. Certification Regarding Lobbying
The Contractor certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form SF-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
document for subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) who receive federal funds of $100,000.00 or more and that all
subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not
more than $100,000.00 for each such failure.
Disclosure of Lobbying Activities
Instructions
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal
recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing,
pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement
30
Contract # 1025
REAL Academy LLC
Page 18
to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for
additional information if the space on the form is inadequate. Complete all items that apply for both the
initial filing and material change report. Refer to the implementing guidance published by the Office of
Management and Budget for additional information.
Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
1. Identify the status of the covered Federal action.
2. Identify the appropriate classification of this report. If this is a follow-up report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by this reporting entity for this covered
Federal action.
3. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is, or
expects to be, a prime or sub-award recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
4. If the organization filing the report in Item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
5. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation,
United States Coast Guard.
6. Enter the Federal program name or description for the covered Federal action (Item 1). If known,
enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans, and loan commitments.
7. Enter the most appropriate Federal Identifying number available for the Federal action identified in
Item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant
announcement number, the contract grant, or loan award number, the application/proposal control
number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
8. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount of the award/loan commitment for the prime entity identified in Item
4 or 5.
9. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the
reporting entity identified in Item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from
10(a). Enter Last Name, First Name and Middle Initial (MI).
10. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity
(Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will
be made (planned). Check all boxes that apply. If this is a material change report, enter the
cumulative amount of payment made or planned to be made.
11. Check the appropriate boxes. Check all boxes that apply. If payment is made through an in-kind
contribution, specify the nature and value of the in-kind payment.
31
Contract # 1025
REAL Academy LLC
Page 19
12. Check the appropriate boxes. Check all boxes that apply. If other, specify nature.
13. Provide a specific and detailed description of the services that the lobbyist has performed, or will be
expected to perform, and the date(s) of any services rendered. Include all preparatory and related
activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or
employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
14. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
15. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, D. C. 20503
32
Contract # 1025
REAL Academy LLC
Page 20
Disclosure Of Lobbying Activities
(Approved by OMB 0344-0046)
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. Bid/offer/application
b. Initial Award
c. Post-Award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
Year___________ Quarter____________
Date Of Last Report:_________________
4. Name and Address of Reporting Entity:
Prime
Subawardee Tier (if known) ________________________
Congressional District (if known) _________________________
5. If Reporting Entity in No. 4 is Subawardee, Enter Name
and Address of Prime:
Congressional District (if known) ________________________
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number (if applicable) ________________________
8. Federal Action Number (if known)
9. Award Amount (if known) $
10. a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
b. Individuals Performing Services (including address if
different from No. 10a.) (last name, first name, MI):
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
11. Amount of Payment (check all that apply):
$ actual planned
13. Type of Payment (check all that apply):
a. retainer
b. one-time fee
c. commission
d. contingent fee
e. deferred
f. other; specify: _____________________________
12. Form of Payment (check all that apply):
a. cash
b. In-kind; specify: Nature
Value
14. Brief Description of Services Performed or to be Performed and Date(s) of Services, including officer(s), employee(s), or
Member(s) contacted, for Payment Indicated in Item 11(attach Continuation Sheet(s) SF-LLL-A, if necessary):
15. Continuation Sheet(s) SF-LLL-A attached: Yes No
33
Contract # 1025
REAL Academy LLC
Page 21
16. Information requested through this form is authorized by
title 31 U. S. C. section 1352. This disclosure of lobbying
activities is a material representation of fact upon which
reliance was placed by the tier above when this transaction
was made or entered into. This disclosure is required
pursuant to 31 U. S. C. 1352. This information will be
reported to the Congress semi-annually and will be
available for public inspection. Any person who fails to file
the required disclosure shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each
such failure.
Signature:
Print Name:
Title: ______________________________________________
Telephone No: Date:
Federal Use Only Authorized for Local Reproduction
Standard Form - LLL
34
Contract # 1025
REAL Academy LLC
Page 22
ATTACHMENT D:
CONFLICT OF INTEREST
The Board of Directors/Trustees or other governing persons, officers, employees or agents are to avoid
any conflict of interest, even the appearance of a conflict of interest. The Organization‘s Board of
Directors/Trustees or other governing body, officers, staff and agents are obligated to always act in the
best interest of the organization. This obligation requires that any Board member or other governing
person, officer, employee or agent, in the performance of Organization duties, seek only the furtherance
of the Organization mission. At all times, Board members or other governing persons, officers, employees
or agents, are prohibited from using their job title, the Organization's name or property, for private profit or
benefit.
A. The Board members or other governing persons, officers, employees, or agents of the Organization
should neither solicit nor accept gratuities, favors, or anything of monetary value from current or potential
contractors/vendors, persons receiving benefits from the Organization or persons who may benefit from
the actions of any Board member or other governing person, officer, employee or agent. This is not
intended to preclude bona-fide Organization fund raising-activities.
B. A Board or other governing body member may, with the approval of Board or other governing body,
receive honoraria for lectures and other such activities while not acting in any official capacity for the
Organization. Officers may, with the approval of the Board or other governing body, receive honoraria for
lectures and other such activities while on personal days, compensatory time, annual leave, or leave
without pay. Employees may, with the prior written approval of their supervisor, receive honoraria for
lectures and other such activities while on personal days, compensatory time, annual leave, or leave
without pay. If a Board or other governing body member, officer, employee or agent is acting in any
official capacity, honoraria received in connection with activities relating to the Organization are to be paid
to the Organization.
C. No Board member or other governing person, officer, employee, or agent of the Organization shall
participate in the selection, award, or administration of a purchase or contract with a vendor where, to his
knowledge, any of the following has a financial interest in that purchase or contract:
1. The Board member or other governing person, officer, employee, or agent;
2. Any member of their family by whole or half blood, step or personal relationship or relative-in-law;
3. An organization in which any of the above is an officer, director, or employee;
4. A person or organization with whom any of the above individuals is negotiating or has any
arrangement concerning prospective employment or contracts.
D. Duty to Disclosure -- Any conflict of interest, potential conflict of interest, or the appearance of a
conflict of interest is to be reported to the Board or other governing body or one’s supervisor immediately.
E. Board Action -- When a conflict of interest is relevant to a matter requiring action by the Board of
Directors/Trustees or other governing body, the Board member or other governing person, officer,
employee, or agent (person(s)) must disclose the existence of the conflict of interest and be given the
opportunity to disclose all material facts to the Board and members of committees with governing board
delegated powers considering the possible conflict of interest. After disclosure of all material facts, and
after any discussion with the person, he/she shall leave the governing board or committee meeting while
the determination of a conflict of interest is discussed and voted upon. The remaining board or committee
members shall decide if a conflict of interest exists. In addition, the person(s) shall not participate in the
final deliberation or decision regarding the matter under consideration and shall leave the meeting during
the discussion of and vote of the Board of Directors/Trustees or other governing body.
35
Contract # 1025
REAL Academy LLC
Page 23
F. Violations of the Conflicts of Interest Policy -- If the Board of Directors/Trustees or other governing
body has reasonable cause to believe a member, officer, employee or agent has failed to disclose actual
or possible conflicts of interest, it shall inform the person of the basis for such belief and afford the person
an opportunity to explain the alleged failure to disclose. If, after hearing the person's response and after
making further investigation as warranted by the circumstances, the Board of Directors/Trustees or other
governing body determines the member, officer, employee or agent has failed to disclose an actual or
possible conflict of interest, it shall take appropriate disciplinary and corrective action.
G. Record of Conflict -- The minutes of the governing board and all committees with board delegated
powers shall contain:
1. The names of the persons who disclosed or otherwise were found to have an actual or possible
conflict of interest, the nature of the conflict of interest, any action taken to determine whether a
conflict of interest was present, and the governing board's or committee's decision as to whether
a conflict of interest in fact existed.
2. The names of the persons who were present for discussions and votes relating to the transaction
or arrangement that presents a possible conflict of interest, the content of the discussion,
including any alternatives to the transaction or arrangement, and a record of any votes taken in
connection with the proceedings.
NOTARIZED CONFLICT OF INTEREST POLICY
_______________________________________________________________________________
Real Academy, LLC
_________________________________ _________________________
Dr. Kevin Marino Date
NORTH CAROLINA_______________________ COUNTY
I, __________________________, a Notary Public of said County and State do hereby certify that Myra Powell, personally
appeared before me this date and acknowledged the due execution of the foregoing agreement for the purposes therein
expressed and by that authority duly given and as the act of the Organization, affirmed that the foregoing Conflict of
Interest Policy was adopted by the Board of Directors/Trustees or other governing body in a meeting held on the
__________ day of ___________, _________.
Sworn to and subscribed before me this _________ day of ______________________, 2020.
___________________________
Notary Public
My Commission expires: __________________
36
Contract # 1025
REAL Academy LLC
Page 24
ATTACHMENT E – OVERDUE TAXES
REAL Academy,LLC
1114 Crab Creek Road
Hendersonville, NC 28739
amy@realacademy.co
______________, 2020
To: Person County Department of Social Services
Certification:
I, Dr. Kevin Marino, certify that I do not have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at the
federal, State, or local level. I further understand that any person who makes a false statement in violation of
N.C.G.S. 143C-6-23(c) is guilty of a criminal offense punishable as provided by N.C.G.S.) 143C-10-1b.
Sworn Statement:
I, Dr. Kevin Marino, being duly sworn, say that the foregoing certification is true, accurate and complete to the
best of my knowledge and was made and subscribed by me. I also acknowledge and understand that any
misuse of State funds will be reported to the appropriate authorities for further action.
REAL Academy, LLC.
____________________________ _________________________
Dr. Kevin Marino Date
NORTH CAROLINA
______________ COUNTY
Sworn to and subscribed before me this _________ day of ______________________, 2020.
___________________________
Notary Public
My Commission expires: __________________
____________________
1 G.S. 105-243.1 defines: Overdue tax debt. – Any part of a tax debt that remains unpaid 90 days or more after the notice of final
assessment was mailed to the taxpayer. The term does not include a tax debt, however, if the taxpayer entered into an installment
agreement for the tax debt under G.S. 105-237 within 90 days after the notice of final assessment was mailed and has not failed to
make any payments due under the installment agreement.”
37
Contract # 1025
REAL Academy LLC
Page 25
Attachment M
State Certification
Contractor Certifications Required by North Carolina Law
Instructions
The person who signs this document should read the text of the statutes listed below and consult with
counsel and other knowledgeable persons before signing.
The text of Article 2 of Chapter 64 of the North Carolina General Statutes can be found online at:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_64/Article_2.pdf
The text of G.S. 105-164.8(b) can be found online at:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105-
164.8.pdf
The text of G.S. 143-48.5 (S.L. 2013-418, s. 2.(d)) can be found online at:
http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf
The text of G.S. 143-59.1 can be found online at:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143-
59.1.pdf
The text of G.S. 143-59.2 can be found online at:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143-
59.2.pdf
The text of G.S. 147-33.95(g) (S.L. 2013-418, s. 2.(e)) can be found online at:
http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf
Certifications
(1) Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the
Contractor named below, and the Contractor’s subcontractors, complies with the requirements of
Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer
with more than 25 employees in North Carolina to verify the work authorization of its employees
through the federal E-Verify system." E-Verify System Link: www.uscis.gov
Local government is specifically exempt from Article 2 of Chapter 64 of the North Carolina
General Statutes. However, local government is subject to and must comply with North Carolina
General Statute §153A-99.1., which states in part as follows:
Counties Must Use E-Verify. - Each county shall register and participate in E-Verify to verify the
work authorization of new employees hired to work in the United States.
(2) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below
is not an “ineligible Contractor” as set forth in G.S. 143-59.1(a) because:
(a) Neither the Contractor nor any of its affiliates has refused to collect the use tax levied
under Article 5 of Chapter 105 of the General Statutes on its sales delivered to North
Carolina when the sales met one or more of the conditions of G.S. 105-164.8(b); and
(b) [check one of the following boxes]
38
Contract # 1025
REAL Academy LLC
Page 26
Neither the Contractor nor any of its affiliates has incorporated or reincorporated
in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31,
2001; or
The Contractor or one of its affiliates has incorporated or reincorporated in a “tax
haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001 but
the United States is not the principal market for the public trading of the stock of
the corporation incorporated in the tax haven country.
(3) Pursuant to G.S. 143-59.2(b), the undersigned hereby certifies that none of the Contractor’s
officers, directors, or owners (if the Contractor is an unincorporated business entity) has been
convicted of any violation of Chapter 78A of the General Statutes or the Securities Act of 1933 or
the Securities Exchange Act of 1934 within 10 years immediately prior to the date of the bid
solicitation.
(4) The undersigned hereby certifies further that:
(f) He or she is a duly authorized representative of the Contractor named below;
(g) He or she is authorized to make, and does hereby make, the foregoing certifications on
behalf of the Contractor; and
(h) He or she understands that any person who knowingly submits a false certification in
response to the requirements of G.S. 143-59.1 and -59.2 shall be guilty of a Class I
felony.
Contractor’s Name: REAL Academy, LLC
Signature of Contractor’s Authorized Agent
Date
Printed Name of Contractor’s Authorized Agent
Dr. Kevin Marino
Title
Signature of Witness
Title
Printed Name of Witness
Date
The witness should be present when the Contractor’s Authorized Agent signs this certification and should
sign and date this document immediately thereafter.
39
Contract # 1025
REAL Academy LLC
Page 27
Attachment N
Person County Department of Social Services
CERTIFICATION REGARDING NONDISCRIMINATION, CLEAN AIR ACT, CLEAN
WATER ACT
Certification Regarding Nondiscrimination
Dr. Kevin Marino certifies that he will comply with all Federal statutes relating to nondiscrimination.
These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of
1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the
Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) the Food Stamp Act
and USDA policy, which prohibit discrimination on the basis of religion and political beliefs; and (i) the
requirements of any other nondiscrimination statutes which may apply to this Agreement.
Dr. Kevin Marino must comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as
amended by Executive Order 11375, and as supplemented by the Department of Labor Regulations (41
CFR Part 60): The Executive Order prohibits federal contractors and federally-assisted construction
contractors and subcontractors who do over $10,000 in Government business in one year from
discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The
Executive Order also requires Government contractors to take affirmative action to ensure that equal
opportunity is provided in all aspects of their employment.
Meaningful Access for LEP Individuals: Dr. Kevin Marino, to participate in the SNAP must take
reasonable steps to ensure that LEP persons have meaningful access to programs, services, and
benefits. This includes the requirement to provide bilingual program information and certification
materials and interpretation services to single language minorities in certain project areas. SNAP
Contractors that do not provide meaningful access for LEP individuals risk violating prohibitions against
discrimination based on National Origin in the Food and Nutrition Act of 2008, as amended, Title VI of the
Civil Rights Act of 1964 (Title VI) and SNAP program regulations at 7 CFR 272A(b). They also risk
noncompliance with the USDA policy guidance titled, "Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English
Proficient Persons", published in 79 FR 70771 - 70784 (November 28, 2014).
Dr. Kevin Marino should develop an implementing plan to address the language assistance needs of the
LEP population served. This may include contracting for oral interpretation services, hiring bilingual staff,
arranging telephone interpreters and/or language lines, coordinating community volunteers, translating
vital documents, and providing written notice that language services are available in appropriate
languages. Quality and accuracy of the language service is critical in order to avoid serious
consequences to the LEP person and to the recipient. LEP needs should be considered in developing
budgets and front line staff should understand how to obtain language assistance services. For additional
assistance and information regarding LEP matters, please also visit http://www.lep.gov.
Ensuring Equal Opportunity Access for Persons with Disabilities: Dr. Kevin Marino must also ensure
equal opportunity access for persons with disabilities. This includes ensuring that communications with
applicants, participants, members of the public, and companions with disabilities are as effective as
40
Contract # 1025
REAL Academy LLC
Page 28
communications with people without disabilities. Contractors that do not provide persons with disabilities
equal opportunity access to programs may risk violating prohibitions against disability discrimination in the
Rehabilitation Act of 1978, the American with Disabilities Act (ADA) of 1990, as amended, and SNAP
program regulations.
DOJ published revised final regulations implementing Title II and Title III of the ADA on September 15,
2010. These regulations are codified at 28 CFR Part 35 "Nondiscrimination on the Basis of Disability in
State and Local Government Services" and at 28 CFR Part 36 "Nondiscrimination on the Basis of
Disability in Public Accommodations and Commercial Facilities". In accordance with the implementing
regulations, Contractors must provide auxiliary aids and services where necessary to ensure effective
communication and equal opportunity access to program benefits for individuals with disabilities. The type
of auxiliary aids and services required will vary, but a Contractor may not require an individual with a
disability to bring another individual to interpret, and may rely on a person accompanying a disabled
individual only in limited circumstances. When a Contractor communicates with applicants and
beneficiaries by telephone, it must provide text telephone services (ITY) or have access to an equally
effective electronic telecommunications system to communicate with individuals who are deaf, hard of
hearing, or hearing impaired. Contractors must also ensure that interested persons, including persons
with impaired vision or hearing, can obtain information as to the existence and location of accessible
services, activities, and facilities. For more information, please visit the ADA website: http://www.ada.gov.
IV. The Clean Air Act, Section 306; 42 U.S.C. §7401 et seq. (1970)
a. No Federal agency may enter into any contract with any person who is convicted of any offense
under section 113(c) for the procurement of goods, materials, and services to perform such
contract at any facility at which the violation which gave rise to such conviction occurred if such
facility is owned, leased, or supervised by such person. The prohibition in the preceding
sentence shall continue until the Administrator certifies that the condition giving rise to such a
conviction has been corrected. For convictions arising under section 113(c)(2), the condition
giving rise to the conviction also shall be considered to include any substantive violation of this
Act associated with the violation of 113(c)(2). The Administrator may extend this prohibition to
other facilities owned or operated by the convicted person.
b. The Administrator shall establish procedures to provide all Federal agencies with the notification
necessary for the purposes of subsection (a).
c. In order to implement the purposes and policy of this Act to protect and enhance the quality of the
Nation's air, the President shall, not more than 180 days after enactment of the Clean Air
Amendments of 1970 cause to be issued an order (1) requiring each Federal agency authorized
to enter into contracts and each Federal agency which is empowered to extend Federal
assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in
such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties,
and such other provisions, as the President determines necessary to carry out such requirement.
d. The President may exempt any contract, loan, or grant from all or part of the provisions of this
section where he determines such exemption is necessary in the paramount interest of the United
States and he shall notify the Congress of such exemption.
e. The President shall annually report to the Congress on measures taken toward implementing the
purpose and intent of this section, including but not limited to the progress and problems
associated with implementation of this section. [42 U.S.C. 7606]
V. The Clean Water Act; 33 U.S.C. §1251 et seq. (1972)
a. No Federal agency may enter into any contract with any person who has been convicted of any
offense under Section 309(c) of this Act for the procurement of goods, materials, and services if
such contract is to be performed at any facility at which the violation which gave rise to such
conviction occurred, and if such facility is owned, leased, or supervised by such person.
41
Contract # 1025
REAL Academy LLC
Page 29
The prohibition in preceding sentence shall continue until the Administrator certifies that the
condition giving rise to such conviction has been corrected.
b. The Administrator shall establish procedures to provide all Federal agencies with the notification
necessary for the purposes of subsection (a) of this section.
c. In order to implement the purposes and policy of this Act to protect and enhance the quality of the
Nation’s water, the President shall, not more than 180 days after the enactment of this Act, cause
to be issued an order:
(i) requiring each Federal agency authorized to enter into contracts and each Federal agency
which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate
the purpose and policy of this Act in such contracting or assistance activities, and
(ii) setting forth procedures, sanctions, penalties, and such other provisions, as the President
determines necessary to carry out such requirement.
d. The President may exempt any contract, loan, or grant from all or part of the provisions of this
section where he determines such exemption is necessary in the paramount interest of the United
States and he shall notify the Congress of such exemption.
e. The President shall annually report to the Congress on measures taken in compliance with the
purpose and intent of this section, including, but not limited to, the progress and problems
associated with such compliance.
f. No certification by a contractor, and no contract clause, may be required in the case of a contract
for the acquisition of commercial items in order to implement a prohibition or requirement of this
section or a prohibition or requirement issued in the implementation of this section.
g. In paragraph (1), the term “commercial item” has the meaning given such term in section 4(12) of
the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
Dr. Kevin Marino
____________________________ _________________________
Signature Date
* Note: Enacted by Session Law 2015‐118 as G.S. 143C‐55 et seq., but has been renumbered for
codification at the direction of the Revisor of Statutes.
42
Contract # 1025
REAL Academy LLC
Page 30
NON-DISCLOSURE AGREEMENT
This Non-disclosure Agreement (this "Agreement") is made effective as of September 1, 2020
(the "Effective Date"), by and between Dr. Kevin Marino, (the "Owner"), of _ The REAL
Academy, Hendersonville, North Carolina 28792, and __________________(the "Recipient"),
of Person County Department of Social Services, Director, Carlton Paylor.
Information will be disclosed to the Recipient to participate in simulation training, virtual reality
training software, curriculum, and episodes, training and any content on REAL Academy
website and learning management system (LMS) developed by REAL Academy.
The Owner has requested, and the Recipient agrees that the Recipient will protect the
confidential material and information which may be disclosed between the Owner and the
Recipient. Therefore, the parties agree as follows:
I. CONFIDENTIAL INFORMATION. The term "Confidential Information" means any
information or material which is proprietary to the Owner, whether or not owned or developed
by the Owner, which is not generally known other than by the Owner, and which the Recipient
may obtain through any direct or indirect contact with the Owner. Regardless of whether
specifically identified as confidential or proprietary, Confidential Information shall include any
information provided by the Owner concerning the business, technology and information of the
Owner and any third party with which the Owner deals, including, without limitation, business
records and plans, trade secrets, technical data, product ideas, contracts, financial information,
pricing structure, discounts, computer programs and listings, source code and/or object code,
copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and
customer and client lists. The nature of the information and the manner of disclosure are such
that a reasonable person would understand it to be confidential.
A. "Confidential Information" does not include:
- matters of public knowledge that result from disclosure by the Owner;
- information rightfully received by the Recipient from a third party without a duty of
confidentiality;
- information independently developed by the Recipient;
- information disclosed by operation of law;
- information disclosed by the Recipient with the prior written consent of the Owner;
and any other information that both parties agree in writing is not confidential.
II. PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and
acknowledges that the Confidential Information has been developed or obtained by the Owner by
the investment of significant time, effort and expense, and that the Confidential Information is a
valuable, special and unique asset of the Owner which provides the Owner with a significant
competitive advantage, and needs to be protected from improper disclosure. In consideration for
the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows:
43
Contract # 1025
REAL Academy LLC
Page 31
A. No Disclosure. The Recipient will hold the Confidential Information in confidence and
will not disclose the Confidential Information to any person or entity without the prior
written consent of the Owner.
B. No Copying/Modifying. The Recipient will not copy or modify any Confidential
Information without the prior written consent of the Owner.
C. Unauthorized Use. The Recipient shall promptly advise the Owner if the Recipient
becomes aware of any possible unauthorized disclosure or use of the Confidential
Information.
D. Application to Employees. The Recipient shall not disclose any Confidential
Information to any employees of the Recipient, except those employees who are required to
have the Confidential Information in order to perform their job duties in connection with the
limited purposes of this Agreement. Each permitted employee to whom Confidential
Information is disclosed shall sign a non-disclosure agreement substantially the same as this
Agreement at the request of the Owner.
III. UNAUTHORIZED DISCLOSURE OF INFORMATION - INJUNCTION. If it appears
that the Recipient has disclosed (or has threatened to disclose) Confidential Information in
violation of this Agreement, the Owner shall be entitled to an injunction to restrain the Recipient
from disclosing the Confidential Information in whole or in part. The Owner shall not be
prohibited by this provision from pursuing other remedies, including a claim for losses and
damages.
IV. NON-CIRCUMVENTION. For a period of five (5) years after the end of the term of this
Agreement, the Recipient will not attempt to do business with, or otherwise solicit any business
contacts found or otherwise referred by Owner to Recipient for the purpose of circumventing, the
result of which shall be to prevent the Owner from realizing or recognizing a profit, fees, or
otherwise, without the specific written approval of the Owner. If such circumvention shall occur
the Owner shall be entitled to any commissions due pursuant to this Agreement or relating to
such transaction.
V. RETURN OF CONFIDENTIAL INFORMATION. Upon the written request of the Owner,
the Recipient shall return to the Owner all written materials containing the Confidential
Information. The Recipient shall also deliver to the Owner written statements signed by the
Recipient certifying that all materials have been returned within five (5) days of receipt of the
request.
VI. RELATIONSHIP OF PARTIES. Neither party has an obligation under this Agreement to
purchase any service or item from the other party, or commercially offer any products using or
incorporating the Confidential Information. This Agreement does not create any agency,
partnership, or joint venture.
44
Contract # 1025
REAL Academy LLC
Page 32
VII. NO WARRANTY. The Recipient acknowledges and agrees that the Confidential
Information is provided on an "AS IS" basis. THE OWNER MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND
HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE
PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION.
The Owner does not represent or warrant that any product or business plans disclosed to the
Recipient will be marketed or carried out as disclosed, or at all. Any actions taken by the
Recipient in response to the disclosure of the Confidential Information shall be solely at the risk
of the Recipient.
VIII. LIMITED LICENSE TO USE. The Recipient shall not acquire any intellectual property
rights under this Agreement except the limited right to use as set forth above. The Recipient
acknowledges that, as between the Owner and the Recipient, the Confidential Information and all
related copyrights and other intellectual property rights, are (and at all times will be) the property
of the Owner, even if suggestions, comments, and/or ideas made by the Recipient are
incorporated into the Confidential Information or related materials during the period of this
Agreement.
IX. INDEMNITY. Each party agrees to defend, indemnify, and hold harmless the other party
and its officers, directors, agents, affiliates, distributors, representatives, and employees from any
and all third party claims, demands, liabilities, costs and expenses, including reasonable
attorney's fees, costs and expenses resulting from the indemnifying party's material breach of any
duty, representation, or warranty under this Agreement.
X. ATTORNEY'S FEES. In any legal action between the parties concerning this Agreement,
the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
XI. TERM. The obligations of this Agreement shall survive 5 years from the Effective Date or
until the Owner sends the Recipient written notice releasing the Recipient from this Agreement.
After that, the Recipient must continue to protect the Confidential Information that was received
during the term of this Agreement from unauthorized use or disclosure for an additional 5 years.
XII. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the
parties regarding confidentiality. Any amendments must be in writing and signed by both parties.
This Agreement shall be construed under the laws of the State of North Carolina. This
Agreement shall not be assignable by either party. Neither party may delegate its duties under
this Agreement without the prior written consent of the other party. The confidentiality
provisions of this Agreement shall remain in full force and effect at all times in accordance with
the term of this Agreement. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the remaining portions of this Agreement shall remain in full force and effect and
construed so as to best effectuate the original intent and purpose of this Agreement.
45
Contract # 1025
REAL Academy LLC
Page 33
XIII. WHISTLEBLOWER PROTECTION. This Agreement is in compliance with the
Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the
disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official,
or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a
complaint or other document filed in a lawsuit if made under seal.
XIV. SIGNATORIES. This Agreement shall be executed by Kevin Marino, CEO, on behalf of
The REAL Academy and Margaret E Levine_ and delivered in the manner prescribed by law as
of the date first written above.
OWNER:
Kevin Marino
____________________________ _________________________
Owner Date
RECIPIENT:
B. Ray Jeffers
____________________________ _________________________
Chairman, County Commissioners Date
46
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: Broadband Deployment Update
Summary of Information: RiverStreet will be providing an update regarding their current
deployment of broadband service across Person County as well as their future goals for broadband
service expansion.
Key points:
Currently in process of establishing a new WiFi Hotspot for students in conjunction
with Piedmont Electric Membership Corporation located at 1125 Oxford Road,
Roxboro, NC 27573.
Woodland and Mt. Tirzah are fully operational and currently serving 38 households.
Bethel Hill and Bushy Fork are fully-loaded with equipment and are awaiting
backhaul to go live.
Doubled upstream capacity in early August.
300 potential customers requesting service in Mt. Tirzah and Woodland areas. Once
fiber backhaul is in place for these two sites, over 100 of these clients will be able to
be served immediately.
Submitted for and won a NC GREAT Grant for Person County.
Leasing space on Oak Lane Tower (owned by American Tower) near Hyco Lake.
Once online, it will expand the coverage area by 40% in the northwest section of
Person County.
New location identified in southeastern Person County which requires construction
of a new tower. Plan calls for 190’ structure. RiverStreet is currently working with
Person County to complete the appropriate approvals and permits. Once constructed
and equipped, RiverStreet projects an increase in the coverage area adjacent to Mt.
Tirzah by at least 50%.
o Construction date TBD. Completion timeline is mid-2021.
Recommended Action: None: Informational only.
Submitted By: Chris Puryear, IT Director
47
1
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: Update to the Comprehensive Land Use Plan for Person County and the City of Roxboro
Summary of Information:
The consultant (Benchmark) for the Update to the Comprehensive Plan for Person County and the City of
Roxboro would like to update the Board on the progress made to date on the plan.
Recommendation Action: None Requested
Submitted by: Lori Oakley, Planning Director
48
Person County & City of Roxboro
Joint Comprehensive Land Use Plan
BENCHMARK
KICKOFF PRESENTATION
49
The Plan serves as the primary policy guide
over the next decade and beyond for:
•Land Use
•Development
•Capital Investments
•Growth Management Decisions
The Plan will include a shared vision with
clearly stated implementation strategies for
each jurisdiction.
Purpose of the Plan
50
PHASE ONE:
Project Initiation &
Background Research
(May 2020 –January 2021)
PHASE TWO:
Plan Development
(January –April 2021)
PHASE THREE:
Plan Adoption
(April –May 2021)
51
•10 members (5 appointed by County, 5 appointed by City)
•Intended to act as an advisory body to the consultant, County
staff,and City staff
•Review and discuss information, ideas, and recommendations
prior to public presentation
•Assist with public outreach and engagement
•Give final recommendation to the plan prior to advancing to the
Planning Boards,Board of Commissioners,and City Council
Steering Committee Role
52
Staff Review
Steering Committee Review
Public Engagement / Meetings
Project Management
Strategy
Comprehensive review and
engagement during each
step of the project.
53
•Public Outreach –Online, News, City/County, Steering Committee
•May through June –Listening Sessions
•July through August: Online Community Survey
•September: Online Presentations & Council/Commission Presentations
•October through December: Online or In-person public meetings
•March: Public Meeting to Review Draft
Public Engagement Plan
54
www.PlanPCR.com
•Watch presentations
•Leave comments
•Submit questions
•Join email update list
Project Website
55
Survey Results
56
•The survey was open during July and was closed on August 7
•585 total responses were received
•Approximately 81% of survey respondents lived in the County
•Approximately 17% of survey respondents lived in the City
•2% of respondents indicated they did not live in the County or the City
Who Took the Survey
57
65%
Ages 36 to 65
58
63%
> 20 years
59
60
61
62
63
64
65
Background Research
66
Background Research
•Demographics
•Economy
•Housing
•Land Use & Zoning
•Transportation
•Utilities
•Environment
67
County Growth
1990 to 2010
City Growth
Relatively Flat
68
69
70
71
72
73
74
75
76
77
78
79
80
Most Change
•Agriculture/Pasture conversion to
forested land
•Limited growth
•Louisiana Pacific
•Northwest of City Limits
•South 501 Corridor81
82
83
Madison/Groton
>30,000 trips Madison/S. Main
>27,000 trips
84
Madison Boulevard
Safety Concerns & High
Traffic Volumes
85
86
Potential Outfall
to improve flow
87
88
89
Next Steps
90
Next Steps
•Committee to begin working on a draft vision for the Plan
•Committee to discuss future public meetings
•Draft Plan -January to March
•Visit project website
•www.planPCR.com
•Watch presentations
•Leave comments
•Submit questions
•Join email update list91
Person County & City of Roxboro
Joint Comprehensive Land Use Plan
BENCHMARK
KICKOFF PRESENTATION
92
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: Request for Support of the Triangle Trails Initiative
Summary of Information: This past summer, Person County was approached with the
formation of the Triangle Trails Initiative which seeks to connect communities through a network
of trails and greenways. This is a multi-county initiative of public and private partners with a goal
of enhancing quality of life through preservation of natural resources for trails and greenways.
Nine counties have adopted Resolutions of Support for this Initiative including Chatham, Durham,
Granville, Harnett, Johnston, Orange, Vance, Warren, and Wake. Person County is being asked
to adopt a Resolution of Support.
Recommended Action: Adopt the Resolution if appropriate
Submitted By: Jimmy Clayton, County Commissioner
93
A Resolution Supporting the Formation of the Triangle Trails Initiative
Whereas, Person County, North Carolina is committed to maintaining and enhancing the quality of life
for citizens throughout the region and recognizes that the “Triangle Trails Initiative” will contribute to
quality of life by weaving together community and regional assets via a network of trails and greenways;
and
Whereas, the “Triangle Trails Initiative” recommends linking trails and greenways together, across a
multi‐county regional landscape, gaining cooperation of public and private sector interests that
encourage collaboration; and to create a network that will, in the long term, provide transportation,
exercise, leisure, safety, accessibility, recreation, community and economic benefits aimed at enhancing
the quality of life; and
Whereas, many communities, agencies, and trail advocates in the region have taken a lead in planning
and building local trails and greenways, and those efforts can be greatly enhanced by being connected
to a larger regional network of trails; and
Whereas, trails and their green landscape areas help improve the quality of the air we breathe by
preserving trees and vegetation, by promoting reduce congestion through non‐motorized
transportation, and enhance the quality of our water through natural buffers mitigating the impacts of
storm water run‐off; and
Whereas, trails and greenways are freely accessible community assets offering opportunities for
transportation, recreation and exercise to everyone, including children and families, providing safe
places for county residents to experience a sense of community, celebrate our history and culture, and
create stronger social ties; and
Whereas, trails have significant impact on the health and economic viability of the region encouraging
active lifestyles, increased levels of tourism, enhanced property values, added jobs, as well as enhanced
ability to attract and retain businesses to the region due to improved quality of life; and
Whereas, the “Triangle Trails Initiative” provides the foundation for a long term strategy that will
continue to grow and to provide an invaluable resources for our children, grandchildren and great
grandchildren; and
Now, Therefore, Be It Resolved that the Person County Board of Commissioners supports the concept
of working within a regional framework to plan, design, develop and link protected undeveloped
landscapes and natural resources by endorsing the “Triangle Trails Initiative.”
Adopted this the 21st day of September 2020.
__________________________________
B.Ray Jeffers, Chairman
__________________________________
Brenda B. Reaves, Clerk to the Board
94
95
From: Sig Hutchinson <Sig.Hutchinson@wakegov.com>
Sent: Wednesday, July 22, 2020 4:06 PM
To: Chuck Flink <chuck.flink@greenways.com>; jimmyb60@embarqmail.com; Heidi York
<hyork@personcountync.gov>
Subject: RE: Person County support for Triangle Trails Initiative
Thanks Jimmy and Heidi and appreciate all your assistance. We just received our second pledge for a
total of $200K over three years and feel comfortable we can reach out $500K goal by fall. Look forward
to assisting your work as we move forward and appreciate ya’ll interest.
Let us know how we can be helpful and stay safe!!!
Sig
Sig Hutchinson
Wake County Commissioner
919‐740‐8848 (c)
Sig@SigHutchinson.com
www.linkedin.com/in/sig‐hutchinson‐82822b
From: Chuck Flink <chuck.flink@greenways.com>
Sent: Wednesday, July 22, 2020 3:42 PM
To: jimmyb60@embarqmail.com; hyork@personcountync.gov
Cc: Sig Hutchinson <Sig.Hutchinson@wakegov.com>
Subject: Person County support for Triangle Trails Initiative
Jimmy and Heidi:
I hope both of you are well and remaining productive during these challenging times.
I wanted to touch base to provide an update on the Triangle Trails Initiative. Despite all the challenges of
working through a pandemic, we have nine counties that have provided us with a Resolution of Support.
Those include: Chatham, Durham, Granville, Harnett, Johnston, Orange, Vance, Warren and Wake. Also,
we have successfully raised two pledges of financial support to fund the operations of TTI. So we are up
and running and providing feedback and technical assistance to counties.
I wanted to check in and see if there was a possibility of receiving a resolution of support from Person
County? Let me clarify that we are not asking for any financial contributions from any county. All of our
fund raising is from private sources. Also, the resolutions of support are non‐binding and can be
96
rescinded at any time. I am attaching several documents that might be useful as you consider our
request for a resolution of support. Please let me know if you have any questions.
Sincerely,
Chuck Flink, FASLA
President/Owner
Greenways Incorporated
31 Woodgate Court
Durham, NC 27713
chuck.flink@greenways.com
919‐349‐7665
E‐mail correspondence sent to and received from this address may be subject to disclosure under the
North Carolina Public Records Act unless made confidential under applicable law.
97
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: Proposed Open Burning Ordinance
Summary of Information: Person County does not currently have an Ordinance against Open
Burning, although it is regulated by the State and a permit process is in place. Open burning by
definition is the burning of combustible products emitted directly into the atmosphere without
first passing through a stack, chimney, or air pollution device.
Problems arising from open burning can and have caused damage in our county. There have
been times where out of control burning has damaged or destroyed property, structures, and
caused injuries to citizens and firefighters.
Smoke from fires containing synthetic materials can be a serious health threat to you and your
neighbors, particularly for those with respiratory conditions such as asthma or emphysema.
Potential human health effects include: lung and eye irritation, headaches, dizziness, asthma
attacks, and coughing. Burning household trash also produces many toxic chemicals and is one
of the largest known sources of dioxins in the nation. The remaining ash contains toxic
substances too. These toxins leach into the soil to be taken up by plants or may get into streams,
lakes, ponds or groundwater.
Staff is recommending that the Board review the proposed ordinance allowing for enforcement
of the laws for illegal burning and to assess penalties for violations.
Recommended Action: Adopt the Ordinance if appropriate
Submitted By: Keith Duncan, Person County Fire Marshal
98
Open Burning Ordinance
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF PERSON COUNTY, NORTH
CAROLINA
ARTICLE ONE--- PURPOSE
The purpose of this ordinance is to promote the health, safety, and general welfare of
the citizens of the county, by regulation, the air pollution and fire hazards associated
with open and outdoor burnings.
ARTICLE TWO-- APPLICABILITY.
This ordinance applies to all outdoor and open burning within 100(ft.) of an occupied
structure, except as otherwise specifically provided. This ordinance does not apply to
the following:
(A) Outdoor grilling or cooking food using charcoal, clean wood, propane or natural
gas in cooking or grilling appliances.
(B) Burning for the purpose of generating heat in a stove, furnace, fireplace or other
heating device within a building used for human or animal habitation.
(C) The use of propane, acetylene, natural gas, gasoline, or kerosene in a device
intended for heating construction or maintenance activities.
(D) Burning pursuant to or in accordance with a validly issued burning permit from a
federal, state, or local department or entity.
ARTICLE THREE DEFINITIONS.
For the purpose of this ordinance, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
BONFIRE. A large open-air fire used as part of a public celebration or event.
CAMPFIRE. A small outdoor fire not exceeding (3ft-L x 3ft-W x 2ft-H) in size intended
for recreation or cooking but specifically does not include a fire intended for disposal of
waste wood or refuse.
CLEAN WOOD. Natural wood that: (a) has not been painted, varnished or coated
with similar materials; (b) has not been pressure treated with preservatives; and (c)
does not contain resins or glues as in plywood or other composite wood products.
FIRE MARSHAL. The sworn official designated by the Board of Commissioners to
regulate this ordinance.
99
NUISANCE. Materials that, when burned, create a foul or offensive odor, or which
cause smoke emissions that are offensive to occupants of surrounding property.
OPEN BURNING. Kindling or maintaining a fire where the products of combustion
are emitted directly into the ambient air without passing through a stack or chimney.
Burning in a burn barrel is specifically included in this definition.
OUTDOOR BURNING. open burning or burning in an outdoor wood-fired broiler or
patio wood burning unit.
OUTDOOR WOOD-FIRED BOILER. A wood-fired boiler, stove or furnace that is not
located within a building intended for habitation by humans or domestic animals.
PATIO WOOD-BURNING UNIT. A chimney, patio warmer, or other portable wood-
burning device used for outdoor recreation and/or heating.
PRESCRIBED BURNING. Burning in compliance with a prescription to meet planned
fire or land management objectives of a continuous cover of fuels.
PRESCRIPTION. A written plan establishing the criteria necessary for starting,
controlling, and extinguishing a burn.
REFUSE. Any waste material except trees, logs, brush, stumps, leaves, grass
clippings, and other vegetative matter.
ARTICLE FOUR-GENERAL PROHIBITION ON OPEN BURNING AND OUTDOOR
BURNING.
Open burning and outdoor burning are prohibited in the county unless specifically
permitted by this ordinance.
ARTICLE FIVE-OPEN BURNING OF REFUSE.
Open burning of refuse is prohibited in the county.
ARTICLE SIX-OPEN BURNING OF LEAVES, GRASS CLIPPINGS, LOGS, BRUSH,
AND STUMPS.
Open burning of grass clippings, leaves, logs, brush, and stumps is allowed in the
county in accordance with all of the following:
(A) Bonfires require a written permit to be issued by the Fire Marshal in accordance
with the NC Fire Code and must be obtained prior to open burning under this section.
(B) Campfires shall not be conducted within 25 feet of a structure or combustible
material. Conditions which could cause a fire to spread within 25(ft.) of a structure shall
be eliminated prior to ignition.
100
(C) The location for allowed open burning shall not be less than 50(ft.) from any
structure, and provisions shall be made to prevent the fire from spreading to within 50
feet of any structure. Exceptions to this include the following:
(1) Fires in approved containers shall not be less than 15(ft.) from a structure.
(2) Fires with a pile size of 3(ft.) or less in diameter and 2(ft.) or less in height
shall not be less than 25(ft.) from a structure.
(D) Forest Service Burn Permit. A permit must be obtained by the NC Forest Service
if the fire will be within 500(ft.) of woodland areas as defined by GS: 106.943, or fire is
more than 100(ft.) from a structure.
(E) Safety. All allowed open burnings shall be conducted in a safe, nuisance free
manner, when wind and weather conditions minimize adverse effects and do not create
a health hazard or visibility hazard on roadways, railroads, or airfields. Open burning
shall be conducted in accordance with all local and state fire protection regulations.
(F) Supervision. All allowed open burnings shall be constantly attended and
supervised by at least one (1) competent person of at least 18 years of age until the fire
is extinguished. The competent person shall have readily available for use such fire
extinguishing materials or equipment as may be necessary for the total control and
extinguishing of the fire.
(G) Burn ban. Except for barbecue, gas, and charcoal grills, no open burning shall be
undertaken when the NC Forest Service has issued a burning ban for this county.
ARTICLE SEVEN-PRESCRIBED BURNS.
Prescribed burns are generally regulated by state law or regulations, and any
prescribed burn shall be conducted in conformance with all applicable state laws and
regulations.
ARTICLE EIGHT-AGRICULTURAL BURNING.
Open burning of weeds, brush, and crop stubble on agricultural land is allowed if
conducted in accordance with all applicable state laws and regulations.
ARTICLE NINE-PORTABLE OUTDOOR FIREPLACES.
Portable outdoor fireplaces shall be used in accordance with the manufacturer’s
instructions and shall not be operated within 15 feet of a structure or combustible
material.
101
ARTICLE TEN-LIABILITY.
A person utilizing or maintaining an outdoor fire shall be responsible for all fire
suppression costs caused by the fire.
ARTICLE ELEVEN-ENFORCEMENT.
The Fire Marshal or his or her designee, or the sheriff or his or her designee, are
authorized to enforce this ordinance, inspect any property for the purpose of
ascertaining compliance with the provisions of these sections and order fires in violation
of this ordinance to be extinguished. This ordinance may be enforced by civil penalty as
authorized in NC General Statutes 153A-123 according to the following schedule:
(A) The first violation shall result in a warning citation for a probation period of 1 year.
The violator will be educated on the ordinance and given proper education materials for
reference.
(B) The second violation shall result in a civil penalty of $100.
(C) The third violation and further violations shall result in a civil penalty of $300.
ARTICLE TWELVE- This ordinance shall be effective upon its adoption.
Adopted, this, the 21st day of September 2020.
_____________________________________
B. Ray Jeffers, Chairman
Person County Board of Commissioners
Attested by:
__________________________________________
Brenda B. Reaves
Clerk to the Person County Board of Commissioners
102
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: Submission of Legislative Goals for NC Association of County
Commissioners
Summary of Information: Every two years, counties are invited to submit proposals to the
North Carolina Association of County Commissioners for legislative goals that the Association
should seek in the best interest of the counties. The NCACC goals-setting process begins in August
of each even-numbered year and consists of 5 stages, beginning with the solicitation of proposals
from counties and ending with the adoption of the legislative agenda at the Legislative Goals
Conference. Proposed goals for the 2021-2022 legislative session must be received by the
Association on or before September 30th. The proposals are then sent through steering committees,
a legislative goals committee and onto the NCACC Board of Directors before being adopted in
January at the Legislative Goals Conference.
Recommended Action: Discuss any legislative goals the Board would like to consider and direct
staff as appropriate.
Submitted By: Heidi York, County Manager
103
104
105
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: Consideration to cancel the October 19, 2020 regular-scheduled Board
meeting
Summary of Information:
The Person County Office Building Auditorium is a One-Stop Early Voting site from October 15-31,
2020. Therefore, the Auditorium is not available for the Board of Commissioners to conduct its
regular scheduled meeting.
Recommended Action:
A motion to cancel the Board’s October 19, 2020.
Submitted By: Heidi York, County Manager
106
AGENDA ABSTRACT
Meeting Date: September 21, 2020
Agenda Title: Appointments to Boards and Committees
Summary of Information:
The Person County Board of Commissioners solicited volunteers to fill positions on the following
boards, commissions, authorities, and committees through advertisement in the Courier-Times
edition dated August 27, 2020 with notice to submit applications by the deadline of noon September
15, 2020. I respectively request that the Board nominate and appoint as deemed appropriate
following your review of the submitted applications of interest. The Board of Commissioners are
encouraged to recruit citizens to fill the current vacancies for those that no applications have been
received.
-Animal Services Advisory Committee
Unspecified Term: 1 position for a veterinarian available
-Board of Health
3-Year Term: 1 position for an engineer
-Economic Development Commission
Unexpired Term to 6/30/22; 1 position available for a citizen
1)Elizabeth Bradsher requests appointment
2)Larry Cole requests appointment
3)Michael Wilkins requests appointment
4)David Ziolkowski requests appointment
-Environmental Issues Advisory Committee
3-Year Term: 1 position for a citizen residing in each of the following townships:
Bushy Fork, Holloway and Mt. Tirzah
- Industrial Facilities and Pollution Control Financing Authority
6-Year Term: 7 positions available
107
- Juvenile Crime Prevention Council
1-Year Initial Term: 2-Year Reappointment
1 position available for a citizen under the age of 18 serving on the State Youth Council,
Up to 4 positions for citizens at-large
1) Vaxaeadrene A. Allen requests appointment for a two-year term
1 for an unexpired citizen at-large term to 6/30/21,
Neya Garcia (student) requests appointment
Madison Daly (Health Dept designee) requests appointment replacing Chiletta Collins who
is no longer with the Health Dept. for an unexpired term to 6/30/21
Laura Jensen (County Manager’s designee) for a two-year term
1 position for a representative of United Way
Kelly Foti requests reappointment for a two-year term
- Kerr Tar Regional Council of Government Board
2 citizen-at-large alternate positions representing the private sector business or the retired
community for an unspecified term.
- Library Advisory Board
3-Year Term: 1 position available
- Nursing Home Advisory Committee
1-Year Initial Term: 3-Year Reappointment; 3 positions available
- Piedmont Community College Board of Trustees
4-Year Term: 1 position available
Joel B. Adler requests appointment
- Planning Board
3-Year Term: 1 position available
- Transportation Advisory Board
3-Year Term; 1 position for a citizen at-large
Froncello Bumpass requests appointment
- Workforce Development Board
1-Year Initial Term; 2-Year Reappointment
1 position available for a member or an officer of organized labor,
1 position available for a representative of adult education,
2 positions available for private industry (human resources related) representatives, and
1 position available for a small business representative
Recommended Action: Board nomination for appointment as deemed appropriate.
Submitted By: Brenda B. Reaves, Clerk to the Board
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122