07-22-2019 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
July 22, 2019
9:00am
CALL TO ORDER………………………………………………………..…… Chairman Newell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION
ITEM #1
Governor’s Award for Volunteer Service ……………………………………. Chairman Newell
ITEM #2
Presentation of Soft Body Armor Grant to Sheriff’s Office …………………….. Bob Carruth
& Bill Halliburton
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment which is
open for informal comments and/or questions from citizens of this county on issues,
other than those issues for which a public hearing has been scheduled. The time will be
divided equally among those wishing to comment. It is requested that any person who
wishes to address the Board, register with the Clerk to the Board prior to the meeting.
ITEM #3
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Approval of Minutes of June 11, 2019,
B. Approval of Minutes of June 17, 2019,
C. Budget Amendment #1,
D. Budget Amendment #2 CIP,
E. DSS Attorney Contracts for Fiscal Year 2019-2020 with primary attorney, Tom
Fitzgerald, and secondary attorneys, Julie Ramsey and Joe Weinberger, Jr.,
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F. Home and Community Care Block Grant for Older Adults County Funding Plan for
Fiscal Year 2018-2019 Revision #2 Final Report,
G. Home and Community Care Block Grant for Older Adults Agreement between Person
County and Kerr-Tar Area Agency on Aging for Fiscal Year 2019-2020, and
H. Tax Adjustments for July 2019
a. Tax Releases
b. NC Vehicle Tax System pending refunds
NEW BUSINESS:
ITEM #4
Tax Collector Settlement …………………………………………………………… Russell Jones
ITEM #5
Order to Collect Taxes ……………………………………………………................ Russell Jones
ITEM #6
Resolution Waiving Competitive Bidding Requirements under NC
General Statute 143-129(g) and Approval of Contract for
Purchase of Permitting Software …………………………………………………... Laura Jensen
ITEM #7
Addition of Community Training Materials Fee …………………………………. Laura Jensen
ITEM #8
Appointment to Boards and Committees ………………………………………... Brenda Reaves
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
A motion to enter Closed Session per General Statute 143-318.11(a) (5) to establish, or to
instruct the public body's staff or negotiating agents concerning the position to be taken by or
on behalf of the public body in negotiating the price and other material terms of a contract with
the following individuals permitted to attend: County Manager, Heidi York, Clerk to the
Board, Brenda Reaves, County Attorney, Ron Aycock, and Interim Assistant County
Manager, Laura Jensen.
RECESS MEETING until 6:00pm at the FEMA Room for the purpose to attend the Board of
Health’s meeting and be included in the Board of Health’s closed session per General Statute
143-318.11(a)(6) to consider the qualifications, competence, performance, character, fitness,
conditions of appointment, or conditions of initial employment of an individual public officer
or employee or prospective public officer or employee; or to hear or investigate a complaint,
charge, or grievance by or against an individual public officer or employee (personnel).
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the
Board.
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AGENDA ABSTRACT
Meeting Date: July 22, 2019
Agenda Title: Governor’s Award for Volunteer Service
Summary of Information:
The Governor's Volunteer Service Award honors the true spirit of volunteerism.
Recommended Action:
The Board of County Commissioners to present the Governor’s Award to a dedicated volunteer.
Submitted By: Chairman Newell
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AGENDA ABSTRACT
Meeting Date: July 22, 2019
Agenda Title: Presentation of Soft Body Armor Grant to Person County Sheriff’s Office
Summary of Information:
In September of 2018, the North Carolina Association of County Commissioners Risk
Management program established the Soft Body Armor Reimbursement Program. The program
will reimburse eligible members up to 100% of the costs of soft body armor through the Workers
Compensation Pool for a maximum of $500.00 per garment, until funds are exhausted. Qualified
Sheriff’s Offices are eligible for reimbursement for three (3) ballistic vests per fiscal year, which
totals $1,500.
The goal of this program is simple – to provide resources and tools that the local sheriff can use to
better protect their officers and the public, while reducing the risk of injury and loss -- “Protecting
Those Who Protect Us”. This presentation today is to recognize that the Person County Sheriff’s
Office is the first member of the Workers Compensation Pool to take advantage of this program.
Recommended Action: None Required
Submitted By: Bob Carruth, Risk Control Manager & Bill Halliburton, Law Enforcement
Specialist for the North Carolina Association of County Commissioners
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June 11, 2019
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PERSON COUNTY BOARD OF COMMISSIONERS JUNE 11, 2019
MEMBERS PRESENT OTHERS PRESENT
David B. Newell, Sr. Heidi York, County Manager
Gordon Powell
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
recessed session on Tuesday, June 11, 2019 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Newell called the recessed meeting to order. Chairman Newell
announced that a Closed Session for economic development was requested to be added
following budget discussion.
Commissioner Puryear stated at the end of the last budget work session, he would
bring back a proposal for a budget that included no property tax increase. He proposed the
following:
1% reduction across the board for county departments ($382,151),
Health Department $400,000 General Fund allocation to Health Department Fund
Balance appropriation ($400,000),
Hold compression study implementation for 1/3 of workforce until a potential new
revenue received ($216,000),
Retain the former cell phone policy ($22,590),
Hold Land Use Plan County appropriation ($140,000), and
Cut the Manager recommended property tax rate increase of $.02 ($896,000)
Commissioner Puryear stated the above reflected a savings of $264,741 in the
proposed budget without a property tax increase; that coupled with a fire tax increase fully
funds the Manager’s recommended budget with $11,592 for undesignated contingency.
Commissioner Puryear confirmed his proposal includes the appropriation as
recommended by the Manager for the Schools, but does not include any appropriations for
an increase in the operating budget for Economic Development nor any appropriation for
a Water & Sewer Fund. He added he would consent to a Fund Balance appropriation for
Economic Development.
Vice Chairman Jeffers voiced his concern how the across the board cuts for county
departments would affect funding revenue sources with a match, i.e., the Department of
Social Services and the Health Department. County Manager, Heidi York stated the cuts
would impact operating budgets but the 1% cuts could be made without affecting the match
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amounts. She reiterated that staff needed time to calculate a 1% reduction for all
department’s operating budgets, if that was the consensus of the Board.
Vice Chairman Jeffers proposed the following adjustments to the Manager’s
Recommended Budget:
Increase Economic Development operating budget by $250,000,
Include the study for the YMCA at $25,000,
Fund the Compression Study for 2-year implementation (versus the 3-year
implementation proposed by the Manager at $216,330) for $363,471.50 for an increase
of $147,141.50,
Establish a water/sewer fund for future infrastructure projects using $1M from Fund
Balance,
Cut Woodsdale VFD appropriation by $30,000 (review breach of contract for not
attending ISO Training or working to reduce ISO rating) retaining that amount in the
VFD unallocated fund,
Study Health Department services offered and while under the study, cut the Public
Health Nurse Director I position (currently funding around $80,000), as well as freeze
all vacant positions, and
Reduce the Agricultural well permit fee from $300 to $100 (note: this is not applicable
for home/dwelling well permits).
Vice Chairman Jeffers’ funding to achieve the above noted items was to increase
taxes one additional cent over the Manager’s proposed two-cent increase ($.70 to $.73).
Commissioner Powell asked if a study was warranted based on the recent meeting
with the YMCA. Ms. York stated that she, Chairman Newell and Vice Chairman Jeffers
met with the Danville YMCA Executive Director and a few of their board members noting
they were not in a position to confirm expansion of their services to Person County until a
consultant conducted a feasibility study to determine whether or not the community would
be able to support and sustain a YMCA at certain price points and at certain location
options. Ms. York further noted positive results were required of the survey before the
umbrella YMCA would expand into a new market. Commissioner Powell confirmed that
this would not be a free public swimming pool that indeed charges for use by individual or
family rates would apply which was affirmed. Commissioners Powell and Puryear stated
they were not supportive of the $25,000 cost of the study. Vice Chairman Jeffers stated
this was one of the items that was recently approved by the Board in its strategic plan.
Commissioner Powell asked about the YES program budget reduction to which
Assistant County Manager, Sybil Tate said the Juvenile Crime Prevention Council had
reduced the amount of funding for that program and the staff had agreed to staying on at
the reduced amount, therefore it was a wash in the budget.
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Commissioner Powell asked about the extension agent increase to which Ms. York
explained she recommended in the Cooperative Extension contracted services budget an
increase of $32,500 funding to move the extension director from part-time to full-time.
A motion was made by Commissioner Puryear to direct county staff to review his
proposal to confirm the figures and for the County Manager to prepare a Budget Ordinance
reflecting such.
A substitute motion was made by Commissioner Clayton and carried 3-2 to
accept Vice Chairman Jeffers’ budget proposal as presented and to direct the County
Manager to prepare a Budget Ordinance reflecting that proposal. Commissioner Clayton,
Chairman Newell and Vice Chairman Jeffers voted in favor of the motion. Commissioners
Puryear and Powell cast the dissenting votes.
Chairman Newell stated the Board of Commissioners only had control of the
checkbook relating to the Health Department noting circumstances and risks are out of the
Commissioners’ control. He suggested working with the Board of Health to protect the
County’s interest as the County is liable for any such consequences. Commissioner
Puryear went on record to say that Janet Clayton has been the best Health Director in the
state of NC.
Finance Director, Amy Wehrenberg confirmed a Budget Ordinance would be ready
by the Board’s next meeting. Laura Jensen, Assistant Finance Director and Budget
Manager stated staff would amend the proposed budget as per the prevailing motion. She
provided the Board the following chart outlining a running total noting some figures may
adjust based on the prevailing motion with any left over funding to be appropriated in the
Contingency undesignated fund.
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CLOSED SESSION 1:
A motion was made by Commissioner Powell and carried 5-0 to enter into Closed
Session at 9:38am per General Statute 143-318.11(a)(4) for the purpose of discussion of
matters relating to the location or expansion of industries or other businesses in the county
(economic development) with the following individuals permitted to attend: County
Manager, Heidi York, Clerk to the Board, Brenda Reaves, and Economic Development
Director, Sherry Wilborn.
A motion was made by Vice Chairman Jeffers and carried 5-0 to return to open
session at 9:47am.
ADJOURNMENT:
A motion was made by Vice Chairman Jeffers and carried 5-0 to adjourn the
meeting at 9:48am.
_____________________________ ______________________________
Brenda B. Reaves David B. Newell, Sr.
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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PERSON COUNTY BOARD OF COMMISSIONERS JUNE 17, 2019
MEMBERS PRESENT OTHERS PRESENT
David B. Newell, Sr. Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, June 17, 2019 at 9:00am in the Commissioners’ meeting room
in the Person County Office Building.
Chairman Newell called the meeting to order. Commissioner Powell offered an
invocation and Commissioner Clayton led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Vice Chairman Jeffers requested to add an item to the agenda for a request by the
Environmental Issues Advisory Committee related to its new Anti-Litter Campaign.
A motion was made by Vice Chairman Jeffers and carried 5-0 to add an item to
the agenda for a request by the Environmental Issues Advisory Committee related to its
Anti-Litter Campaign and to approve the agenda as adjusted.
RECOGNITION:
RESOLUTION OF APPRECIATION FOR PERSON COUNTY RETIREES:
Chairman Newell read and presented a Resolution of Appreciation to each of the
Person County Retirees, Anita Poindexter and Sandra Mangum.
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PUBLIC HEARING:
REQUEST TO ADD WALNUT RIDGE CT TO THE DATABASE OF ROADWAY
NAMES USED FOR E-911 DISPATCHING:
A motion was made by Commissioner Powell and carried 5-0 to open the duly
advertised public hearing for a request to add Walnut Ridge Ct to the database of roadway
names used for E-911 dispatching.
GIS Manager, Sallie Vaughn requested the Board to approve Walnut Ridge Ct, a
new roadway, to be added to the database of roadway names used for E-911 dispatching
noting a new subdivision was being built off Moore’s Mill Rd with a cul-de-sac
approximately 500 feet long noting the parcel was subdivided into seven lots; there were
no existing homes or roadways on the parcels.
Ms. Vaughn said the owners of the properties submitted name choices and the name
Walnut Ridge Ct was chosen; she confirmed the selected name was compliant with local
ordinance.
As required by North Carolina General Statute 153A-239.1(A), a public notice was
published in the Roxboro Courier-Times. A sign advertising the public hearing was placed
at the proposed roadway location approximately two weeks prior to this public hearing.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the request to add Walnut Ridge Ct to the database of roadway names used
for E-911 dispatching.
A motion was made by Vice Chairman Jeffers and carried 5-0 to close the public
hearing for a request to add Walnut Ridge Ct to the database of roadway names used for
E-911 dispatching.
CONSIDERATION TO GRANT OR DENY REQUEST TO ADD WALNUT RIDGE
CT TO THE DATABASE OF ROADWAY NAMES USED FOR E-911
DISPATCHING:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve Walnut
Ridge Ct, a new roadway, to be added to the database of roadway names used for E-911
dispatching.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Chris Weaver of 342 Satterfield Farm Road, Timberlake stated he was very
opposed to the Board adopting a budget that raised taxes; he urged the Board to create an
environment for new revenues.
Mr. Derrick Sims of 2409 Flat Woods Road, Timberlake stated he was against the
proposed budget with tax increases noting it adds burden to taxpayers, especially those in
the City. Mr. Sims requested the Board to consider Commissioner Puryear’s budget
proposal and told the Board the study for a YMCA was a waste of funds.
Mr. Robert Allen of 549 Old City Lake Road, Roxboro stated his support for a tax
increase as economic development has suffered. He poised questions: 1) how much does
three cents in taxes generate and, 2) what is the projected economic development impact
with a tax increase?
Mr. Fred Fox of 202 Woody Fox Road, Roxboro, and a former school board
member, stated he understood the need for a tax increase but differed with the amount of
increase. Mr. Fox asked the Board to use sales taxes to offset the property tax burden and
lower the proposed tax increase.
Mr. Carlyle Hall of 222 Thaxton Road, Roxboro asked the Board to consider a
budget proposal without raising taxes.
Ms. Louise Wright-Oliver, PO Box 1921, Roxboro advocated for the Board to vote
yes on the YMCA study to give the youth a chance.
Ms. Margaret Jones of 505 Jones Paylor Road, Roxboro stated support for the
YMCA Study appropriation.
Mr. James Hayward of 2844 Leasburg Road, Roxboro asked the Board to fund a
budget that invested in health and wealth of the community.
Ms. Tammie Kirkland of 2312 Cunningham Road, Semora stated her support for
the Board to increase taxes to make Person County a nicer place.
Ms. Karolyn Mangeot of 112 Elderberry Lane, Rougemont, and a resident of a
senior community of 18 homes, on fixed income, noted her support to raise taxes to make
the county a better place. She added the children she tutors would love a place to swim.
Mr. Everett Motley of 3747 Virgilina Road, Roxboro stated support to raise taxes
for a better community; he stated support for the needed YMCA.
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Mr. Rodney Cameron of 1705 Sunset Street, Roxboro advocated for a place for
children to have structured programming, i.e. YMCA.
Ms. Tauheedah White of Mt. Harmony Church Road, and an employee of the Dept.
of Social Services, shared her first experience of swimming was in college and she
advocated for recreational center with community programs and for youth to learn to swim.
Ms. April Short of 495 Lester Burch Road, Roxboro asked the Board to vote for
the YMCA noting children need a place to go for shelter, before and after school and during
summer break.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of June 3, 2019,
B. Approval of Minutes of June 4, 2019,
C. Budget Amendment #21,
D. Resolution Appointing Review Officers,
E. Request from Schools for approval of lottery applications,
a. NMS security cameras in the amount of $6,000,
b. Oak Lane Elementary bathroom floors refurbishment in the amount of
$12,000,
c. South and Woodland Elementary carpet replacement in the
office/classrooms in the amount of $35,000,
d. PHS replace tennis courts in the amount or $100,000,
e. PHS ADA handicap walkway and ramp installation in the amount of
$80,000,
F. Home & Community Care Block Grant Funding 2019-2020,
G. Letters of Support to the Governor, DHHS Secretary, Senators and
Representatives to move DHHS to Granville County,
H. Approve the updated proposed PATS vehicle advertisement rates, and
I. Juvenile Crime Prevention Council FY2019-2020 Funding Plan
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NEW BUSINESS:
DAN RIVER REGIONAL WATER PROJECT MODIFICATION AGREEMENT
BETWEEN TOWN OF YANCEYVILLE, CITY OF ROXBORO, AND COUNTY
OF PERSON, AND AN AGREEMENT BETWEEN TOWN OF YANCEYVILLE,
CITY OF ROXBORO, AND COUNTY OF PERSON:
County Attorney, Ron Aycock stated in 2008 Person County, Caswell County, the
City of Roxboro and the Town of Yanceyville entered into a joint agreement to seek a
permit from the state to draw water from the Dan River with an intake facility near
Yanceyville; the City of Roxboro was to be the primary operating entity. Recently the
Town of Yanceyville requested that it be the primary operating entity since its water needs
are becoming more urgent and Yanceyville expects to receive a federal grant to assist in
funding the project.
Mr. Aycock presented to the Board two Agreements; one agreement provides for
the Town of Yanceyville to become the primary operating entity, and the second agreement
provides for the primary operating entity status to revert to the City of Roxboro if
Yanceyville is unsuccessful in its efforts. Mr. Aycock confirmed that both the City of
Roxboro and Person County would retain their original rights for use of the Dan River
water supply.
Mr. Aycock confirmed that Caswell County was aware of this update.
A motion was made by Commissioner Clayton and carried 5-0 to approve the two
Agreements, as presented; one agreement provides for Yanceyville to become the primary
operating entity, and the second agreement provides for the primary operating entity status
to revert to City of Roxboro if Yanceyville is unsuccessful in its efforts.
The approved agreements follow:
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REMOVAL OF ABANDONED BUILDING AT 109 OXFORD RD:
Person County has an Abandoned Structure Ordinance based on North Carolina
General Statute153A-366. For all other similar instances, the Building Inspections
Department has been able to manage the issue by working with the property owner to
improve the site conditions. However, the property owner of 109 Oxford Road (Old
Roxboro Body Shop) has not responded to multiple requests to improve the site.
Assistant County Manager, Sybil Tate reminded the Board, that at its April 15, 2019
meeting, funds were approved for the Inspections Director to estimate the cost of removing
the structure. Ms. Tate stated the Inspections Department was now requesting funds to pay
for asbestos removal and demolition, estimated to cost $21,650. As stated before, the cost
of the title of opinion, asbestos testing, and removal of the abandoned building will be
passed on to the property owner via a lien, collected on the property tax bill.
Ms. Tate requested approval of appropriating Contingency funds to the Inspections
budget in the amount of $21,650 for the asbestos removal and the demolition of the
abandoned building located at 109 Oxford Rd.
Inspections Director, Dale Tillman stated bids were received on May 31 and the
lowest bidder was Michael Lewis. He said the asbestos removal would cost $2,150 and
demolition and cleanup of the property would cost $19,500.
A motion was made by Vice Chairman Jeffers and carried 5-0 to appropriate
$21,650 from Contingency to the Inspections budget for asbestos removal and demolition
of the abandoned building located at 109 Oxford Rd.
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RACIAL EQUITY INSTITUTE FUNDING:
Assistant County Manager, Sybil Tate stated seventy-seven percent of the youth (or
95 youth) who have received complaints in the juvenile justice system are from a minority
population. At the same time, minorities represent only 38% of the entire juvenile
population in the county.
Ms. Tate noted the Juvenile Crime Prevention Council received a report from the
State that provided data showing the racial and ethnic disparities in the juvenile justice
population. At the end of the presentation, the State noted that other counties have begun
the process to rectify these issues by hosting a Racial Equity Institute training.
The Racial Equity Institute provides training for organizations to address systems,
programs, and policies that contribute to racial and ethnic disparities. REI offers a 2-day
training that involves input from community leaders. REI has hosted similar trainings in
other counties. The estimated cost for this training is $15,000.
Ms. Tate said funding was available through the mental health budget refund and
this program is an approved training by Cardinal. Many of the juveniles involved in the
court system also have mental health and substance abuse concerns. Ms. Tate requested
the Board to approve funding for the Racial Equity Institute using mental health funds.
Ms. Tate noted the Juvenile Crime Prevention Council (JCPC) and the Brothers and
Sisters in Conversations (BASIC) both shown interest to manage the training to be held in
Person County.
Commissioner Powell, and commissioner representative on the Cardinal Board,
stated his support noting using unspent mental health funding was a good use for this
needed training.
A motion was made by Commissioner Powell and carried 5-0 to approve $15,000
funding for the Racial Equity Institute using mental health funds.
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FISCAL YEAR 2019-2020 BUDGET ORDINANCE:
General Statute 159-13(a) directs that the annual budget must be adopted by July
1st. The budget ordinance may be adopted at any regular or special meeting at which a
quorum is present, by a majority of those present and voting.
County Manager, Heidi York and Finance Director, Amy Wehrenberg presented
the Fiscal Year 2019-2020 Budget Ordinance for adoption, drafted based on the Board’s
direction at its last budget work session and having fulfilled the legal requirements
including the conducting of a public hearing.
Assistant Finance Director and Budget Manager, Laura Jensen outlined the
Adjustments to the Recommended Budget as follows:
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Commissioner Puryear asked if any of the proposed personnel changes in the
Health Department are state mandated to which Ms. York said a nursing leadership position
is needed for oversight. Ms. York suggested when a joint meeting was scheduled with the
Board of Health, the Commissioners, could at that time make necessary adjustments.
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Commissioner Clayton and Chairman Newell consented waiting until the Board of
Commissioners can meet jointly with the Board of Health prior to restoring positions.
Health Director, Janet Clayton told the group that NC Administrative Code as well as the
agreement with the state of North Carolina, there is to be a nurse leadership position to
come into compliance with the regulations.
Ms. York noted the two personnel actions included 1) to freeze all vacant positions
and 2) cut the Nursing Director position.
A motion was made by Vice Chairman Jeffers to adopt the Fiscal Year 2019-2020
Budget Ordinance, as presented.
Commissioner Puryear stated that the commissioners all stated their different
priorities and that his priority was a budget that fully funded schools, and fire tax increase
of one-cent, without many extras, but within the counties’ means and without a tax
increase.
A substitute motion was made by Commissioner Puryear to adopt the Fiscal Year
2019-2020 Budget Ordinance using his proposal from the last budget work session.
Excerpt from June 11, 2019 budget work session outlining Commissioner Puryear’s
proposed budget:
1% reduction across the board for county departments ($382,151),
Health Department $400,000 General Fund allocation to Health Department Fund
Balance appropriation ($400,000),
Hold compression study implementation for 1/3 of workforce until a potential new
revenue received ($216,000),
Retain the former cell phone policy ($22,590),
Hold Land Use Plan County appropriation ($140,000), and
Cut the Manager recommended property tax rate increase of $.02 ($896,000)
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Commissioner Clayton asked the County Attorney, Ron Aycock if the substitute
motion was in order as related to the Board’s Rules of Procedure. Commissioner Puryear
noted his motion at the last meeting did not go to a vote nor was tabled so he felt his motion
this date was valid as his proposal was completely different from the motion from Vice
Chairman Jeffers. Mr. Aycock confirmed Commissioner Puryear’s motion had many
different provisions and the substitute motion was permitted.
Vice Chairman Jeffers asked Commissioner Puryear the effects of cutting 1%
across county departments to which Commissioner Puryear stated the Board had the
opportunity to send that to study; and referred him to ask the County Manager, which he
asked for in his motion at the work session (for the Manager to review his proposal and its
affects.) Commissioner Puryear stated his confidence in the Manager and the Department
Directors, also recognizing the conservation revenues budgeted.
Chairman Newell called the question.
The substitute motion failed 2-3. Commissioners Puryear and Powell voted in
favor of the substitute motion. Chairman Newell, Vice Chairman Jeffers and
Commissioner Clayton voted in opposition to the substitute motion.
The original motion carried 3-2.
Chairman Newell announced the Fiscal Year 2019-2020 Budget Ordinance has
been adopted, as presented.
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DESIGNATE NACO 2019 ANNUAL CONFERENCE VOTING DELEGATE:
Voting Credentials for the 2019 Annual Conference to be held July 12-15, 2019, in
Clark County located in Nevada, must be submitted by June 28, 2019 in order for Person
County’s delegate to participate in the association’s annual election of officers and policy
adoption.
A motion was made by Vice Chairman Jeffers carried 5-0 to designate
Commissioner Clayton to serve as Person County’s voting delegate at the 2019 NACo
Annual Conference to be held July 12-15, 2019.
APPOINTMENTS TO BOARDS AND COMMITTEES:
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 May 15, 2019 with notice to submit applications by the
deadline on June 4, 2019.
Clerk to the Board, Brenda Reaves presented to the Board interested citizen
applications for the following boards and committees and requested the Board to nominate
and appoint as deemed appropriate.
Ms. Reaves noted the following applicants were uncontested:
- ABC Board
3-Year Term: 1 position available
1) Michael Laws requested reappointment
- Adult Care Home Community Advisory Committee
1-Year Initial Term; 3-Year Reappointment: 4 positions available
1) Martha Winstead requested appointment
2) Shelia McGhee requested appointment
- Animal Services Advisory Committee
Unspecified Term:
1) Janet Slivinski, President, Animal Protection Society (APS) of Person County
(replacing Cheryl Peters, former President of APS of Person County)
- Board of Health
3-Year Term:
1 position for a dentist
1) Dr. W. Jeffrey Noblett requested reappointment
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- Environmental Issues Advisory Committee
3-Year Term: 1 position for a citizen residing in each of the following townships:
Allensville – Jason Torian requested reappointment
Bushy Fork – no application received
Cunningham – Albert Stehle requested reappointment
Holloway – no application received
- Jury Commission
2-Year Term; 1 position available
1) Bayard Crumpton requested reappointment
- Juvenile Crime Prevention Council
1-Year Initial Term: 2-Year Reappointment
1 position for a person under the age of 18 serving on the State Youth Council – no
applications,
1 position for a substance abuse professional – request to move current member,
Martha Pickett, who meets this criteria, to this seat for the duration of her term,
1 position representing the faith community –no applications, and
1 position representing the business community – Charles Harvey requested
reappointment,
2-Year Term:
1 position for the Health Director or designee – Emily Latta requested appointment,
1 position for the Chief of Police or his designee- no applications,
1 position for a citizen-at-large – Glen LaBar Jr. requested appointment
The Director of MH DD DA Authority or designee (now LME/MCO)
1 position for a representative of the LME/MCO – Stephanie Jones (Cardinal
Innovations) requested appointment
- Nursing Home Advisory Committee
1-Year Initial Term: 3-Year Reappointment; 4 positions available
1) Jessie Dianne Jones requested appointment
- Person-Caswell Lake Authority
3-Year Term: 1 position available
1) Lindsay (Tommy) Wagstaff, Jr. requested reappointment
- Recreation Advisory Board
3-Year Term: 2 positions available
1) Tabitha George requested reappointment
2) Donald Long requested reappointment
46
June 17, 2019
39
- Social Services Board
3-Year Term: 1 position available
1) Elbert Franklin Dickens requested reappointment
- Voluntary Agricultural District Board
3-Year Term: 1position for the following townships:
Allensville: Kenny Griffin requested reappointment
Roxboro: Arch “Chip” Stone requested reappointment
Olive Hill: Bruce Whitfield requested reappointment
A motion was made by Commissioner Puryear and carried 5-0 to nominate and
appoint all applicants above that were uncontested.
Ms. Reaves asked the Board to nominate and appoint three individuals to participate
and represent Person County on the Research Triangle Regional Partnership (RTRP) Board
of Directors for Fiscal Year 2019-2020.
- Research Triangle Regional Parthership
Current fiscal year representatives are: Gordon Powell, commissioner
representative, Sherry Wilborn, Economic Development Director, and Phillip
Allen, Economic Development Commission member
A motion was made by Chairman Newell and carried 5-0 to nominate and appoint
Gordon Powell, commissioner representative, Sherry Wilborn, Economic Development
Director, and Phillip Allen, Economic Development Commission member on the Research
Triangle Regional Partnership (RTRP) Board of Directors for Fiscal Year 2019-2020.
47
June 17, 2019
40
Ms. Reaves informed the Board that the below listed boards have more applicants
than seats available. She noted the Board may nominate and appoint or should the Board
have consensus to bring the nine below listed applicants before the board for informal
interviews, please direct the Clerk to initiate an open session informal interview process at
the Board’s next meeting.
- Board of Adjustment
3-Year Term: 1 position available
1) Andrew Withers requested reappointment
2) Shelia McGhee requested appointment
- Library Advisory Board
3-Year Term: 1 position available
1) Anne Gibson requested reappointment
2) Judith Akers requested appointment
- Piedmont Community College Board of Trustees
4-Year Term: 1 position available
1) James J. Woody requested reappointment
2) Joel Adler requested appointment
- Planning Board
3-Year Term: 2 positions available
1) Derrick Smith requested reappointment
2) W. Barry Walker requested reappointment
3) Shelia McGhee requested appointment
A motion was made by Commissioner Puryear and carried 5-0 to conduct informal
interviews at the Board’s August 5, 2019 meeting starting at 6:00pm.
48
June 17, 2019
41
REQUEST BY THE ENVIRONMENTAL ISSUES ADVISORY COMMITTEE
RELATED TO ITS ANTI-LITTER CAMPAIGN:
Vice Chairman Jeffers, and commissioner representative on the Environmental
Issues Advisory Committee, presented a request for the Board to consider funding items
needed for the environmental committee to participate at the upcoming Personality Festival
with an awareness booth, kicking-off an anti-litter campaign.
Vice Chairman Jeffers said the committee had no funding nor was tied to a county
department and asked if the booth rental at the Personality event, a customized banner,
keychains and plastic litter bags could be paid for through the Governing Body’s current
year budget; the estimated costs were $737.24.
A motion was made by Vice Chairman Jeffers and carried 5-0 to direct the
Manager to work with the Environmental Issues Advisory Committee Chairman, Jason
Torian to purchase the items requested and to fund out of the Governing Body’s current
year budget or as the Manager deems appropriate.
CHAIRMAN’S REPORT:
Chairman Newell had no report.
MANAGER’S REPORT:
County Manager, Heidi York thanked Assistant County Manager, Sybil Tate for
her contributions to the county over the last seven years and bid her farewell as she leaves
Person County for a new job in Buncombe County.
COMMISSIONER REPORT/COMMENTS:
There was no report/comments from Vice Chairman Jeffers nor Commissioners
Powell, Clayton and Puryear.
49
June 17, 2019
42
CLOSED SESSION #1
A motion was made by Vice Chairman Jeffers and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a) (5) at 10:20am to establish, or to instruct the
public body's staff or negotiating agents concerning the position to be taken by or on behalf
of the public body in negotiating the price and other material terms of a contract with the
following individuals permitted to attend: County Manager, Heidi York, Clerk to the
Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager,
Sybil Tate, IT Director, Chris Puryear, and Mighty River Consultant, Joe Freddoso.
A motion was made by Commissioner Clayton and carried 5-0 to return to open
session at 11:06am.
ADJOURNMENT:
A motion was made by Chairman Newell and carried 5-0 to adjourn the meeting
at 11:07am.
_____________________________ ______________________________
Brenda B. Reaves David B. Newell, Sr.
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
50
7/22/2019
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 57
Transportation 8,561
Human Services 5,100
Environmental Protection (5,100)
Education 252,420
Culture and Recreation 153,125
Contingency (1,769)
REVENUES General Fund
Intergovernmental 408,269
Fund Balance Appropriation 4,125
Explanation:
BUDGET AMENDMENT
Correct original budgets for Human Services function (increase of $5,100) and Environmental Protection
(decrease of $5,100); transfer undesignated contingency (-$57) to Inspections ($57) for cost of advertising
building demolition notice; receipt of FEMA disaster recovery assistance for Mayo Park ($48,000); carryforward
donations made to Library in FY19 for purchase of new bookmobile ($4,125); receipt of LSTA grant for purchase
of new bookmobile ($100,000); receipt of LSTA NCPLDA grant for professional development for Library staff
($1,000); receipt of lottery proceeds for approved capital projects at Person County Schools ($252,420); receipt
of CFAT grant from NC Clean Energy Technology Center for purchase of one electric vehicle charging station
($6,849); transfer undesignated contingency (-$1,712) to PATS Administration ($1,712) for matching funds for
CFAT grant.
BA-151
7/22/2019
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES CIP Project Fund
County Projects 1,312,108
PCC Projects 420,592
School Projects 456,518
Transfer to Other Funds 2,237,000
REVENUES CIP Project Fund
Intergovernmental 22,625
Interest Earnings 55,000
Transfer from General Fund 4,358,593
Transfer from Other Funds (40,000)
Fund Balance Appropriation 30,000
EXPENDITURES Airport Construction Capital Project Fund
Executive Hangar construction 3,600,000
REVENUES Airport Construction Capital Project Fund
Transfer from CIP Fund 2,277,000
Fund Balance Appropriation 1,323,000
Explanation:
Account Number Account Description
$Revenues
incr. (decr.)
(cr.) dr.
$Expenditures
incr. (decr.)
dr. (cr.)
New/Revised CIP Projects:
4104260-558650 Server Expansion 130,358
4104260-559000 Fiber Project-Project Management 376.00
4104260-559100 Fiber Project-Engineering & Construction 788,687.00
4104260-560100 Permitting Software 184,500
4104260-560200 Enhanced Camera System-LEC 55,000
4104260-560300 New Roof-Grounds Maint 104,614
4104260-560400 New Roof-Anim Services 224,162
4104260-560500 New Roof-Board of Elections 130,292
4104260-560600 Bushy Fork-light replacement 57,739
4105921-579100 Feasibility Study-Adv Mfg Tech/STEM 54,000
4105921-579200 Info Tech Upgrades 100,000
4105921-579300 Building S - Generator 80,000
4105921-579400 Campus Safety & Security Lighting 50,000
4105921-580102 New Telephone System 57,592
4105921-580103 Early College - Pod Building 79,000
BUDGET AMENDMENT
The fund balance appropriation from the General Fund for CIP Projects was approved as part of the 2019-2020
Adopted Budget. The transactions below are the approved budget amounts for the new project revenues and
expenditures in the CIP Project Fund ($6,374,801), as well as the close-out of completed projects through FY19
(-$625,583). The CIP-funded portion of the Airport Hangar project is being transferred to the Airport
Construction Capital Project Fund ($2,277,000) in anticipation of receiving grant revenues that may help to
partially fund this project.
BUDGET ADJUSTMENT
BA-2 CIP52
4105911-571100 Earl Bradsher-Interior Painting 80,000
4105911-571200 Southern Middle-Fire Alarm Upgrade 200,000
4105911-571300 North,NE,Woodland,OL-ADA Improvements 398,481
4109821-401040 Transfer to Airport Project Fund 2,277,000
Transfer of Airport Hangar Project:
4004530-551890 Executive Hangar construction 3,600,000
40070-398041 Transfer from Fund CIP Fund 2,277,000
40090-399991 Fund Balance Appropriation 1,323,000
Completed CIP Projects:
4104260-556300 Huck Sansbury-Bleacher Replacements (36,600)
4104260-558000 New Roof-Gen Svcs Maint Bldg (35,537)
4104260-558200 New Roof-Allensville, Helena, HM, Longhurst, Mayo Park (187,568)
4104260-558310 Airport-Remove Sprinkler System (17,900)
4104260-558401 PCOB-Elevator Modernization (86,015)
4105911-570800 BOE Carpet Replacement (61,963)
4105911-599900 Set-asides-Future Projects (160,000)
4109821-401011 Transfer to IT Contingency Fund (40,000)
Revenue Adjustments:
41020-381491 Interest Earnings 55,000
41020-341360 City of Roxboro Contrib-Permitting sftwr 22,625
41070-398010 Transfer from General Fund (310,583)
41070-398010 Transfer from General Fund 4,669,176
41070-398011 Transfer from IT Contingency Fund (40,000)
41090-399991 Fund Balance Appropriation (330,000)
41090-399991 Fund Balance Appropriation 360,000
Totals 8,026,218 8,026,218
BA-2 CIP53
AGENDA ABSTRACT
Meeting Date: July 22, 2019
Agenda Title: DSS Attorney Contracts
Summary of Information: Contracts for legal services to be paid at an hourly rate to
agency’s primary attorney, Tom Fitzgerald, and secondary attorneys, Julie Ramsey, and
Joe Weinberger. There are separate contracts for Child Support services therefore two
contracts per attorney are attached. The only changes to the contracts are the dates.
Recommended Action: Approval
Submitted By: Carlton B. Paylor, Sr., MBA
Director, Person County Department of Social Services
54
Contract # 1008
Thomas L. Fitzgerald
Page 1
Contract # 1008 Fiscal Year Begins July 1, 2019 Ends June 30, 2020
This contract is hereby entered into by and between the Person County Department of Social
Services (the "County") and Thomas L. Fitzgerald (the "Contractor") (referred to collectively as
the “Parties”). The Contractor’s federal tax identification number is 20-2272 781.
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)
Federal Certification Regarding Drug-Free Workplace & Certification Regarding Nondiscrimination (Attachment C)
Conflict of Interest (Attachment D)
No Overdue Taxes (Attachment E)
Federal Certification Regarding Lobbying (Attachment G)
Federal Certification Regarding Debarment (Attachment H)
HIPAA Business Associate Addendum (Attachment I)
State Certification (Attachment M)
Certification Regarding Nondiscrimination, Clean Air Act, Clean Water (Attachment N)
Budget Addendum
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 July 1, 2019 and shall terminate on
June 30, 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 1,000 hours
collectively for all attorneys under contract. Rate of compensation for Primary Attorney Thomas
L. Fitzgerald is $140 per hour.
55
Contract # 1008
Thomas L. Fitzgerald
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 Thomas L. Fitzgerald, Attorney
P.O. Box 770 P.O. Box 1519
355B South Madison Boulevard 22 Court Street
Roxboro, NC 27573 Roxboro, NC 27573
(336) 599-8361 (336) 599-2567
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.
56
Contract # 1008
Thomas L. Fitzgerald
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.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
PERSON COUNTY
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners 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
57
Contract # 1008
Thomas L. Fitzgerald
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.
58
Contract # 1008
Thomas L. Fitzgerald
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.
59
Contract # 1008
Thomas L. Fitzgerald
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.
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Contract # 1008
Thomas L. Fitzgerald
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.
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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.
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ATTACHMENT B – Scope of Work Federal Tax Id. 20-2272-781
NORTH CAROLINA
DUPLICATE ORIGINAL
PERSON COUNTY
LEGAL SERVICES AGREEMENT
THIS Agreement, made and entered into this the 1st day of July, 2019, by
and between the PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES,
hereinafter referred to as Agency, and Thomas L. Fitzgerald, Attorney at Law,
hereinafter referred to as Attorney.
W I T N E S S E T H :
THAT WHEREAS, the Agency has determined that it has need for legal services
and consultation beyond those presently being provided by the county attorney;
AND WHEREAS, the Attorney is a member of a reputable law firm with an office
in Person County, North Carolina, and has expertise in the field of social services law,
rules and regulations, and the Agency is desirous of obtaining such legal services from
said Attorney on a continuing basis;
NOW, THEREFORE, it is hereby agreed that the Attorney shall provide legal
services to the Agency in the nature of consultations, interpretation of social services
laws and regulations and drafting of legal document when necessary on the following
terms and conditions:
1
The Attorney shall make himself available and on call to the Agency on a prompt
basis for the purposes herein above described until June 30, 2020. At the end of said
period, the arrangement herein described will be analyzed by the parties hereto to
determine if same is effective and fair to all parties concerned and revised or terminated
accordingly as deemed necessary.
2
The Agency shall pay for such legal services to the Attorney the sum of one hundred
forty dollars ($140.00) per hour for out of court time and one hundred forty dollars
($140.00) per hour for in court time for each hour of legal services performed, same to
be due and payable on or before the 10th of each month upon due submission by the
Attorney of a statement of work detailing the hours of work performed and the nature of
such legal work. Such hourly rate shall encompass all expenses, including, but not
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limited to, those for salary, supplies, office space, heating and maintenance for office
space, telephone service, long-distance telephone calls, postage, and travel. The party
of the second part is not to be reimbursed for any extraordinary expense incident to
performing the services included under this agreement; except, that the party of the first
part agrees to pay all court costs and filing fees which are required to be paid in
conjunction with services provided by the attorney under this agreement.
3
The Attorney will assist the Agency in maintaining records of the legal services
provided as same are necessary for the agency in filing its reports and funding
statements.
4
The party of the second part shall notify the Agency when a conflict of interest
arises for the Attorney. In all such cases, referral shall be made to another attorney with
whom the Department has contracted for secondary employment for the provision of
legal services when conflicts arise.
5
It is understood and agreed that the legal services provided pursuant to this
contract will be in addition to those provided by the county attorney and not in
substitution nor duplication of such services by the county attorney.
6
The party of the second part further agrees to attend seminars regarding
Protective Services and other matters related to Social Services as part of his duty to
the agency in addition to Child Support Enforcement training. Further, the party of the
first part agrees to compensate the party of the second part at the hourly rate of fifty-five
dollars ($55.00) for each hour that the party of the second part spends in training up to
but not to exceed the amount of four hundred forty dollars ($440.00) per day. Travel
and meal reimbursement shall be made at the same rates that are applicable to county
DSS employees (see Budget Addendum). However, the attorney may not be paid an
hourly rate for time spent traveling.
7
It is specifically agreed that the Attorney is an independent contractor and shall
perform the legal services herein provided according to his own judgment and method
and shall not be subject to control of the Agency except as to the result of his work.
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8
The Attorney shall not under any circumstance be considered an employee of the
Agency. The Agency shall not withhold federal or state taxes from sums paid to the
Attorney pursuant to this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate
originals, one of which is retained by each of the parties hereto, on the day and year
first above written.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
AND CERTIFICATION REGARDING NONDISCRIMINATION
Person County Department of Social Services
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
(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).
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The site(s) for the performance of work done in connection with the specific agreement are
listed below:
22 Court Street, 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.
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.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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.
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
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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
Thomas L. Fitzgerald, Attorney At Law
_________________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
I, __________________________, a Notary Public of said County and State do hereby certify that Thomas L. Fitzgerald,
Attorney at Law, 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 ______________________, 2019.
___________________________
Notary Public
My Commission expires: __________________
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ATTACHMENT E – OVERDUE TAXES
THOMAS L. FITZGERALD
ATTORNEY AT LAW
22 COURT STREET
P.O. BOX 1519
ROXBORO, NORTH CAROLINA 27573
(336) 599-2567
Fax (336) 599-5782
______________, 2019
To: Person County Department of Social Services
Certification:
I, Thomas L. Fitzgerald, 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, Thomas L. Fitzgerald, 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.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
Sworn to and subscribed before me this _________ day of ______________________, 2019.
___________________________
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.”
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ATTACHMENT G
Person County Department of Social Services
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned 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 Federal, state or local
government agency, a Member of Congress, a Member of the General Assembly, an officer or employee of
Congress, an officer or employee of the General Assembly, an employee of a Member of Congress, or an
employee of a Member of the General Assembly in connection with the awarding of any Federal or state
contract, the making of any Federal or state grant, the making of any Federal or state loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state 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 Federal, state or local government
agency, a Member of Congress, a Member of the General Assembly, an officer or employee of Congress,
an officer or employee of the General Assembly, an employee of a Member of Congress, or an employee of
a Member of the General Assembly in connection with the awarding of any Federal or state contract, the
making of any Federal or state grant, the making of any Federal or state loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) 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 and not more than $100,000 for each
such failure.
Notwithstanding other provisions of federal OMB Circulars-CFR Title 2, Grants and Agreements, Part 200, costs
associated with the following activities are unallowable:
Paragraph A.
(1) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or
similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activity;
(2) Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political
action committee, or other organization established for the purpose of influencing the outcomes of
elections;
(3) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation through communication with any member or
employee of the Congress or State legislature (including efforts to influence State or local officials to
engage in similar lobbying activity), or with any Government official or employee in connection with a
decision to sign or veto enrolled legislation;
(4) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation by preparing, distributing or using publicity or
propaganda, or by urging members of the general public or any segment thereof to contribute to or
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participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing
or telephone campaign; or
(5) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering
information regarding legislation, and analyzing the effect of legislation, when such activities are carried on
in support of or in knowing preparation for an effort to engage in unallowable lobbying.
The following activities as enumerated in Paragraph B are excepted from the coverage of Paragraph A:
Paragraph B.
(1) Providing a technical and factual presentation of information on a topic directly related to the performance
of a grant, contract or other agreement through hearing testimony, statements or letters to the Congress or a
State legislature, or subdivision, member, or cognizant staff member thereof, in response to a documented
request (including a Congressional Record notice requesting testimony or statements for the record at a
regularly scheduled hearing) made by the recipient member, legislative body or subdivision, or a cognizant
staff member thereof; provided such information is readily obtainable and can be readily put in deliverable
form; and further provided that costs under this section for travel, lodging or meals are unallowable unless
incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written request for
such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommittee
conducting such hearing.
(2) Any lobbying made unallowable by subparagraph A (3) to influence State legislation in order to directly
reduce the cost, or to avoid material impairment of the organization's authority to perform the grant,
contract, or other agreement.
(3) Any activity specifically authorized by statute to be undertaken with funds from the grant, contract, or other
agreement.
Paragraph C.
(1) When an organization seeks reimbursement for indirect costs, total lobbying costs shall be separately
identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs in
accordance with the procedures of subparagraph B.(3).
(2) Organizations shall submit, as part of the annual indirect cost rate proposal, a certification that the
requirements and standards of this paragraph have been complied with.
(3) Organizations shall maintain adequate records to demonstrate that the determination of costs as being
allowable or unallowable pursuant to this section complies with the requirements of this Circular.
(4) Time logs, calendars, or similar records shall not be required to be created for purposes of complying with
this paragraph during any particular calendar month when: (1) the employee engages in lobbying (as
defined in subparagraphs (a) and (b)) 25 percent or less of the employee's compensated hours of
employment during that calendar month, and (2) within the preceding five-year period, the organization has
not materially misstated allowable or unallowable costs of any nature, including legislative lobbying costs.
When conditions (1) and (2) are met, organizations are not required to establish records to support the
allowability of claimed costs in addition to records already required or maintained. Also, when conditions
(1) and (2) are met, the absence of time logs, calendars, or similar records will not serve as a basis for
disallowing costs by contesting estimates of lobbying time spent by employees during a calendar month.
(5) Agencies shall establish procedures for resolving in advance, in consultation with OMB, any significant
questions or disagreements concerning the interpretation or application of this section. Any such advance
resolution shall be binding in any subsequent settlements, audits or investigations with respect to that grant
or contract for purposes of interpretation of this Circular; provided, however, that this shall not be
construed to prevent a contractor or grantee from contesting the lawfulness of such a determination.
Paragraph D.
Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an
employee or officer of the Executive Branch of the Federal Government to give consideration or to act
regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any
influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding
a federally sponsored agreement or regulatory matter on any basis other than the merits of the matter.
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Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT H
PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES
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
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and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension, and/or
debarment.
Certification 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.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT I
PERSON COUNTY
DEPARTMENT OF SOCIAL SERVICES
BUSINESS ASSOCIATE ADDENDUM
This Agreement is made effective the 1st day of July, 2019, by and between Person County
Department of Social Services (“Covered Entity”) and Thomas L. Fitzgerald, Attorney at Law
(“Business Associate”) (collectively the “Parties”).
1. BACKGROUND
a. Covered Entity and Business Associate are parties to a contract entitled Legal Services
Contract (the “Contract”), whereby Business Associate agrees to perform certain services for or
on behalf of Covered Entity.
b. Covered Entity is an organizational unit of Person County as the Person County Department
of Social Services (DSS) as a health care component for purposes of the HIPAA Privacy Rule.
c. The relationship between Covered Entity and Business Associate is such that the Parties
believe Business Associate is or may be a “business associate” within the meaning of the HIPAA
Privacy Rule.
d. The Parties enter into this Business Associate Addendum to the Contract with the intention of
complying with the HIPAA Privacy Rule provision that a covered entity may disclose protected
health information to a business associate, and may allow a business associate to create or
receive protected heath information on its behalf, if the covered entity obtains satisfactory
assurances that the business associate will appropriately safeguard the information.
2. DEFINITIONS
Unless some other meaning is clearly indicated by the context, the following terms shall have the
following meaning in this Agreement:
a. “HIPAA” means the Administrative Simplification Provisions, Sections 261 through 264, of
the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
b. “Individual” shall have the same meaning as the term “individual” in 45 CFR160.103 and
shall include a person who qualifies as a personal representative in accordance with 45 CFR
164.502(g).
c. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR part 160 and part 164, subparts A and E.
d. “Protected Health Information” shall have the same meaning as the term “protected health
information” in 45 CFR 160.103, limited to the information created or received by Business
Associate from or on behalf of Covered Entity.
e. “Required By Law” shall have the same meaning as the term “required by law” in 45 CFR
164.103.
f. “Secretary” shall mean the Secretary of the United States Department of Health and Human
Services or his designee.
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g. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning
as those terms have in the Privacy Rule.
3. OBLIGATIONS OF BUSINESS ASSOCIATE
a. Business Associate agrees to not use or disclose Protected Health Information other than as
permitted or required by this Agreement or as Required By Law.
b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the
Protected Health Information other than as provided for by this Agreement.
c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of Protected Health Information by Business
Associate in violation of the requirements of this Agreement.
d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected
Health Information not provided for by this Agreement of which it becomes aware.
e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from, or created or received by Business
Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply
through this Agreement to Business Associate with respect to such information.
f. Business Associate agrees to provide access, at the request of Covered Entity, to Protected
Health Information in a Designated Record Set to Covered Entity or, as directed by Covered
Entity, to an Individual in order to meet the requirements under 45 CFR 164.524.
g. Business Associate agrees, at the request of the Covered Entity, to make any amendment(s) to
Protected Health Information in a Designated Record Set that the Covered Entity directs or
agrees to pursuant to 45 CFR 164.526.
h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices,
books, and records, including policies and procedures and Protected Health Information, relating
to the use and disclosure of Protected Health Information received from, or created or received
by Business Associate on behalf of Covered Entity, available to the Covered Entity, or to the
Person County Department of Social Services, in a time and manner designated by the
Secretary, for purposes of determining Covered Entity's compliance with the Privacy Rule.
i. Business Associate agrees to document such disclosures of Protected Health Information and
information related to such disclosures as would be required for Covered Entity to respond to a
request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR 164.528, and to provide this information to Covered Entity or an
Individual to permit such a response.
4. PERMITTED USES AND DISCLOSURES
a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the
Contract permits, Business Associate may use or disclose Protected Health Information to
perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the
Contract, provided that such use or disclosure:
1) would not violate the Privacy Rule if done by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered
Entity.
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b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information as necessary for the
proper management and administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may disclose Protected Health Information for the proper
management and administration of the Business Associate, provided that:
1) disclosures are Required By Law; or
2) Business Associate obtains reasonable assurances from the person to whom the
information is disclosed that it will remain confidential and will be used or further
disclosed only as Required By Law or for the purpose for which it was disclosed to the
person, and the person notifies the Business Associate of any instances of which it is
aware in which the confidentiality of the information has been breached.
d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information to provide data
aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose
Protected Health Information if the use or disclosure would violate any term of the Contract or
other applicable law or agreements.
5. TERM AND TERMINATION
a. Term. This Agreement shall be effective as of the effective date stated above and shall
terminate when the Contract terminates.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business
Associate, Covered Entity may, at its option:
1) Provide an opportunity for Business Associate to cure the breach or end the violation,
and terminate this Agreement and services provided by Business Associate, to the extent
permissible by law, if Business Associate does not cure the breach or end the violation
within the time specified by Covered Entity;
2) Immediately terminate this Agreement and services provided by Business Associate,
to the extent permissible by law; or
3) If neither termination nor cure is feasible, report the violation to the Secretary as
provided in the Privacy Rule.
c. Effect of Termination.
1) Except as provided in paragraph (2) of this section or in the Contract or by other
applicable law or agreements, upon termination of this Agreement and services provided
by Business Associate, for any reason, Business Associate shall return or destroy all
Protected Health Information received from Covered Entity, or created or received by
Business Associate on behalf of Covered Entity. This provision shall apply to Protected
Health Information that is in the possession of subcontractors or agents of Business
Associate. Business Associate shall retain no copies of the Protected Health Information.
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2) In the event that Business Associate determines that returning or destroying the
Protected Health Information is not feasible, Business Associate shall provide to Covered
Entity notification of the conditions that make return or destruction not feasible. Business
Associate shall extend the protections of this Agreement to such Protected Health
Information and limit further uses and disclosures of such Protected Health Information
to those purposes that make the return or destruction infeasible, for so long as Business
Associate maintains such Protected Health Information.
6. GENERAL TERMS AND CONDITIONS
a. This Agreement amends and is part of the Contract.
b. Except as provided in this Agreement, all terms and conditions of the Contract shall remain in
force and shall apply to this Agreement as if set forth fully herein.
c. In the event of a conflict in terms between this Agreement and the Contract, the interpretation
that is in accordance with the Privacy Rule shall prevail. In the event that a conflict then
remains, the Contract terms shall prevail so long as they are in accordance with the Privacy Rule.
d. A breach of this Agreement by Business Associate shall be considered sufficient basis for
Covered Entity to terminate the Contract for cause.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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]
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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:
(a) He or she is a duly authorized representative of the Contractor named below;
(b) He or she is authorized to make, and does hereby make, the foregoing certifications on
behalf of the Contractor; and
(c) 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: Thomas L. Fitzgerald
Signature of Contractor’s Authorized Agent
Date
Printed Name of Contractor’s Authorized Agent
Thomas L. Fitzgerald
Title
Attorney at Law
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.
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Attachment N
Person County Department of Social Services
CERTIFICATION REGARDING NONDISCRIMINATION, CLEAN AIR ACT, CLEAN
WATER ACT
Certification Regarding Nondiscrimination
Thomas L. Fitzgerald 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.
Thomas L. Fitzgerald 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: Thomas L. Fitzgerald, 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).
Thomas L. Fitzgerald 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: Thomas L. Fitzgerald must also
ensure equal opportunity access for persons with disabilities. This includes ensuring that communications
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with applicants, participants, members of the public, and companions with disabilities are as effective as
communications with people without disabilities. Contractors that do not provide persons with disabilities
equal opportunity access to programs may risk violating prohibitions against disability discrimination 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
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conviction occurred, and if such facility is owned, leased, or supervised by such person. The
prohibition in preceding sentence shall continue until the Administrator certifies that the condition
giving rise to such conviction has been 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)).
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
(Certification signature should be same as Contract signature.)
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Budget Addendum
Name Thomas L. Fitzgerald STATEMENT OF TRAVEL EXPENSES Per Diem rates for meals
Month of , 2019 Breakfast: $7 - leave before 7:30 a.m.
Lunch: $11 - leave before 11:00 am (day of departure)
return after 2:00 pm (day of return)
Dinner: $18 - leave before 5:00 pm (day of departure)
Effective January 1, 2019 return after 7:00 pm (day of return)
Current reimbursement rate for mileage is:>>>>> 0.58
Complete all cells.
Time Time NUMBER $AMT. @ Attach Receipt Per Diem Attach Receipt Client
Date Left Returned FROM TO OF MILES $0.545 EA.HOTEL MEALS OTHER TOTAL Y or N Program
$ $ $ $ $
I HEREBY CERTIFY THAT THE DISTANCES FOR WHICH CHARGE IS MADE IN THIS
STATEMENT HAVE BEEN NECESSARILY TRAVELED AND THAT EXPENSES FOR
WHICH REIMBURSEMENT IS CLAIMED WERE INCURRED IN THE SERVICE OF THE
COUNTY.
DEPARTMENT HEAD APPROVAL SIGNATURE OF Thomas L. Fitzgerald
Effective January 1, 2019
Revised January 2, 2019
IRS Meal Reimbursements for Non-Overnight Travel: Person County will no longer allow expenses for non-overnight meals.
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Contract # 1009 Fiscal Year Begins July 1, 2019 Ends June 30, 2020
This contract is hereby entered into by and between the Person County Department of Social
Services (the "County") and Thomas L. Fitzgerald (the "Contractor") (referred to collectively as
the “Parties”). The Contractor’s federal tax identification number is 20-2272-781.
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)
Federal Certification Regarding Drug-Free Workplace & Certification Regarding Nondiscrimination (Attachment C)
Conflict of Interest (Attachment D)
No Overdue Taxes (Attachment E)
Federal Certification Regarding Lobbying (Attachment G)
Federal Certification Regarding Debarment (Attachment H)
HIPAA Business Associate Addendum (Attachment I)
State Certification (Attachment M)
Certification Regarding Nondiscrimination, Clean Air Act, Clean Water (Attachment N)
Budget Addendum
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 July 1, 2019 and shall terminate on
June 30, 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 1,000 hours
collectively for all attorneys under contract. Rate of compensation for Primary Attorney Thomas
L. Fitzgerald is $140 per hour.
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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 Thomas L. Fitzgerald, Attorney
P.O. Box 770 P.O. Box 1519
355B South Madison Boulevard 22 Court Street
Roxboro, NC 27573 Roxboro, NC 27573
(336) 599-8361 (336) 599-2567
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.
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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.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
PERSON COUNTY
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners 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
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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.
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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.
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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.
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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.
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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.
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ATTACHMENT B – Scope of Work Federal Tax Id. 20-2272-781
STATE OF NORTH CAROLINA )
)
) CONTRACT FOR LEGAL SERVICES
)
COUNTY OF Person )
THIS CONTRACT made and entered into this the 1st day of July, 2019, by and
between the Person County Commissioners, party of the first part, and Thomas L.
Fitzgerald, Attorney, party of the second part;
W I T N E S S E T H
The parties hereby agree that the party of the second part shall provide legal
services to the party of the first part pursuant to the following mutual covenants:
1. This Contract shall begin July 1, 2019, and unless sooner terminated by 30
days’ notice of either party shall exist and continue through June 30, 2020.
2. Said party of the second part, upon reasonable notice, is to be available for
consultation, legal advice and for representation as requested by the Child Support
Enforcement Agency on all legal matters arising from the duties of the party of the first
part under Sections 128 through 140 of Chapter 110 of the North Carolina General
Statutes and Title 42 of the United States Code, Sections 651 through 660 and the
federal regulations lawfully promulgated pursuant thereto.
3. Said party of the second part agrees to comply with all the requirements of
Sections 128 through 140 of Chapter 110 of the North Carolina General Statutes, Title
42 of the United States Code, Sections 651 through 660, and the regulations
promulgated pursuant thereto relating to the performance of program legal services
including, but not limited to, maintaining such records as are required by the party of the
first part, to make said records available for federal or state audit if required, and to
make financial, statistical, and program progress reports as are required.
4. For their services under this contract, the party of the first part agrees to pay
the party of the second part one hundred forty dollars ($140.00) per hour for out of court
time and one hundred forty dollars ($140.00) per hour for in court time for each hour
spent by the party of the second part providing legal services under the Child Support
Enforcement Program. Such hourly rate shall encompass all expenses, including, but
not limited to, those for salary, supplies, office space, heating and maintenance for
office space, telephone service, long-distance telephone calls, postage, and travel
(other than travel to attend the Child Support Enforcement Training). The party of the
second part is not to be reimbursed for any extraordinary expense incident to
performing the services included under this agreement; except, that the party of the first
part agrees to pay all court costs and filing fees which are required to be paid in
conjunction with services provided by the attorney under this agreement.
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5. The party of the second part shall notify the Agency when a conflict of
interest arises for the Attorney. In all such cases, referral shall be made to another
attorney with whom the Department has contracted for secondary employment for the
provision of legal services when conflicts arise.
6. The party of the second part further agrees to attend at least one
training session on Child Support Enforcement per year conducted by the Child Support
Enforcement Agency. Further, the party of the first part agrees to compensate the party
of the second part at the hourly rate of fifty-five dollars ($55.00) for each hour that the
party of the second part spends in training up to but not to exceed the amount of four
hundred forty dollars ($440.00) per day. Travel and meal reimbursement shall be made
at the same rates that are applicable to county DSS employees (see Budget
Addendum). However, the attorney may not be paid an hourly rate for time spent
traveling. Failure to attend one approved workshop per year shall be construed as an
indication that the party of the second part does not wish to continue providing services
under this agreement.
7. Person County Department of Social Services will pay standard costs for
ACTS training with consideration being given to Person County Department of Social
Services paying for Mr. Fitzgerald’s ACTS computer software should such acquisition
be necessary.
8. It is specifically agreed that the party of the second part is an independent
contractor and the party of the second part shall perform the services herein provided
according to his own judgment and method and shall not be subject to the control of the
party of the first part except as to the result of his work.
9. The party of the second part shall not under any circumstance be considered
an employee of the party of the first part. The party of the first part shall not withhold
federal or state taxes from sums to be paid to the party of the second part pursuant to
this agreement.
IN TESTIMONY WHEREOF, said parties have executed this contract in triplicate
originals, one of which is to be retained by the party of the first part, one of which is to
be retained by the party of the second part, and one of which is to be filed with Child
Support Enforcement Section, Division of Social Services of the Department of Human
Resources, Raleigh, North Carolina.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
AND CERTIFICATION REGARDING NONDISCRIMINATION
Person County Department of Social Services
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
(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).
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The site(s) for the performance of work done in connection with the specific agreement are
listed below:
22 Court Street, 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.
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.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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.
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
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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
Thomas L. Fitzgerald, Attorney At Law
_________________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
I, __________________________, a Notary Public of said County and State do hereby certify that Thomas L. Fitzgerald,
Attorney at Law, 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 ______________________, 2019.
___________________________
Notary Public
My Commission expires: __________________
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ATTACHMENT E – OVERDUE TAXES
THOMAS L. FITZGERALD
ATTORNEY AT LAW
22 COURT STREET
P.O. BOX 1519
ROXBORO, NORTH CAROLINA 27573
(336) 599-2567
Fax (336) 599-5782
______________, 2019
To: Person County Department of Social Services
Certification:
I, Thomas L. Fitzgerald, 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, Thomas L. Fitzgerald, 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.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
Sworn to and subscribed before me this _________ day of ______________________, 2019.
___________________________
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.”
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ATTACHMENT G
Person County Department of Social Services
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned 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 Federal, state or local
government agency, a Member of Congress, a Member of the General Assembly, an officer or employee of
Congress, an officer or employee of the General Assembly, an employee of a Member of Congress, or an
employee of a Member of the General Assembly in connection with the awarding of any Federal or state
contract, the making of any Federal or state grant, the making of any Federal or state loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state 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 Federal, state or local government
agency, a Member of Congress, a Member of the General Assembly, an officer or employee of Congress,
an officer or employee of the General Assembly, an employee of a Member of Congress, or an employee of
a Member of the General Assembly in connection with the awarding of any Federal or state contract, the
making of any Federal or state grant, the making of any Federal or state loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) 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 and not more than $100,000 for each
such failure.
Notwithstanding other provisions of federal OMB Circulars-CFR Title 2, Grants and Agreements, Part 200, costs
associated with the following activities are unallowable:
Paragraph A.
(1) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or
similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activity;
(2) Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political
action committee, or other organization established for the purpose of influencing the outcomes of
elections;
(3) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation through communication with any member or
employee of the Congress or State legislature (including efforts to influence State or local officials to
engage in similar lobbying activity), or with any Government official or employee in connection with a
decision to sign or veto enrolled legislation;
(4) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation by preparing, distributing or using publicity or
propaganda, or by urging members of the general public or any segment thereof to contribute to or
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participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing
or telephone campaign; or
(5) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering
information regarding legislation, and analyzing the effect of legislation, when such activities are carried on
in support of or in knowing preparation for an effort to engage in unallowable lobbying.
The following activities as enumerated in Paragraph B are excepted from the coverage of Paragraph A:
Paragraph B.
(1) Providing a technical and factual presentation of information on a topic directly related to the performance
of a grant, contract or other agreement through hearing testimony, statements or letters to the Congress or a
State legislature, or subdivision, member, or cognizant staff member thereof, in response to a documented
request (including a Congressional Record notice requesting testimony or statements for the record at a
regularly scheduled hearing) made by the recipient member, legislative body or subdivision, or a cognizant
staff member thereof; provided such information is readily obtainable and can be readily put in deliverable
form; and further provided that costs under this section for travel, lodging or meals are unallowable unless
incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written request for
such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommittee
conducting such hearing.
(2) Any lobbying made unallowable by subparagraph A (3) to influence State legislation in order to directly
reduce the cost, or to avoid material impairment of the organization's authority to perform the grant,
contract, or other agreement.
(3) Any activity specifically authorized by statute to be undertaken with funds from the grant, contract, or other
agreement.
Paragraph C.
(1) When an organization seeks reimbursement for indirect costs, total lobbying costs shall be separately
identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs in
accordance with the procedures of subparagraph B.(3).
(2) Organizations shall submit, as part of the annual indirect cost rate proposal, a certification that the
requirements and standards of this paragraph have been complied with.
(3) Organizations shall maintain adequate records to demonstrate that the determination of costs as being
allowable or unallowable pursuant to this section complies with the requirements of this Circular.
(4) Time logs, calendars, or similar records shall not be required to be created for purposes of complying with
this paragraph during any particular calendar month when: (1) the employee engages in lobbying (as
defined in subparagraphs (a) and (b)) 25 percent or less of the employee's compensated hours of
employment during that calendar month, and (2) within the preceding five-year period, the organization has
not materially misstated allowable or unallowable costs of any nature, including legislative lobbying costs.
When conditions (1) and (2) are met, organizations are not required to establish records to support the
allowability of claimed costs in addition to records already required or maintained. Also, when conditions
(1) and (2) are met, the absence of time logs, calendars, or similar records will not serve as a basis for
disallowing costs by contesting estimates of lobbying time spent by employees during a calendar month.
(5) Agencies shall establish procedures for resolving in advance, in consultation with OMB, any significant
questions or disagreements concerning the interpretation or application of this section. Any such advance
resolution shall be binding in any subsequent settlements, audits or investigations with respect to that grant
or contract for purposes of interpretation of this Circular; provided, however, that this shall not be
construed to prevent a contractor or grantee from contesting the lawfulness of such a determination.
Paragraph D.
Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an
employee or officer of the Executive Branch of the Federal Government to give consideration or to act
regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any
influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding
a federally sponsored agreement or regulatory matter on any basis other than the merits of the matter.
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Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT H
PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES
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
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and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension, and/or
debarment.
Certification 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.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT I
PERSON COUNTY
DEPARTMENT OF SOCIAL SERVICES
BUSINESS ASSOCIATE ADDENDUM
This Agreement is made effective the 1st day of July, 2019, by and between Person County
Department of Social Services (“Covered Entity”) and Thomas L. Fitzgerald, Attorney at Law
(“Business Associate”) (collectively the “Parties”).
1. BACKGROUND
a. Covered Entity and Business Associate are parties to a contract entitled Legal Services
Contract (the “Contract”), whereby Business Associate agrees to perform certain services for or
on behalf of Covered Entity.
b. Covered Entity is an organizational unit of Person County as the Person County Department
of Social Services (DSS) as a health care component for purposes of the HIPAA Privacy Rule.
c. The relationship between Covered Entity and Business Associate is such that the Parties
believe Business Associate is or may be a “business associate” within the meaning of the HIPAA
Privacy Rule.
d. The Parties enter into this Business Associate Addendum to the Contract with the intention of
complying with the HIPAA Privacy Rule provision that a covered entity may disclose protected
health information to a business associate, and may allow a business associate to create or
receive protected heath information on its behalf, if the covered entity obtains satisfactory
assurances that the business associate will appropriately safeguard the information.
2. DEFINITIONS
Unless some other meaning is clearly indicated by the context, the following terms shall have the
following meaning in this Agreement:
a. “HIPAA” means the Administrative Simplification Provisions, Sections 261 through 264, of
the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
b. “Individual” shall have the same meaning as the term “individual” in 45 CFR160.103 and
shall include a person who qualifies as a personal representative in accordance with 45 CFR
164.502(g).
c. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR part 160 and part 164, subparts A and E.
d. “Protected Health Information” shall have the same meaning as the term “protected health
information” in 45 CFR 160.103, limited to the information created or received by Business
Associate from or on behalf of Covered Entity.
e. “Required By Law” shall have the same meaning as the term “required by law” in 45 CFR
164.103.
f. “Secretary” shall mean the Secretary of the United States Department of Health and Human
Services or his designee.
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g. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning
as those terms have in the Privacy Rule.
3. OBLIGATIONS OF BUSINESS ASSOCIATE
a. Business Associate agrees to not use or disclose Protected Health Information other than as
permitted or required by this Agreement or as Required By Law.
b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the
Protected Health Information other than as provided for by this Agreement.
c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of Protected Health Information by Business
Associate in violation of the requirements of this Agreement.
d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected
Health Information not provided for by this Agreement of which it becomes aware.
e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from, or created or received by Business
Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply
through this Agreement to Business Associate with respect to such information.
f. Business Associate agrees to provide access, at the request of Covered Entity, to Protected
Health Information in a Designated Record Set to Covered Entity or, as directed by Covered
Entity, to an Individual in order to meet the requirements under 45 CFR 164.524.
g. Business Associate agrees, at the request of the Covered Entity, to make any amendment(s) to
Protected Health Information in a Designated Record Set that the Covered Entity directs or
agrees to pursuant to 45 CFR 164.526.
h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices,
books, and records, including policies and procedures and Protected Health Information, relating
to the use and disclosure of Protected Health Information received from, or created or received
by Business Associate on behalf of Covered Entity, available to the Covered Entity, or to the
Person County Department of Social Services, in a time and manner designated by the
Secretary, for purposes of determining Covered Entity's compliance with the Privacy Rule.
i. Business Associate agrees to document such disclosures of Protected Health Information and
information related to such disclosures as would be required for Covered Entity to respond to a
request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR 164.528, and to provide this information to Covered Entity or an
Individual to permit such a response.
4. PERMITTED USES AND DISCLOSURES
a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the
Contract permits, Business Associate may use or disclose Protected Health Information to
perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the
Contract, provided that such use or disclosure:
1) would not violate the Privacy Rule if done by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered
Entity.
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b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information as necessary for the
proper management and administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may disclose Protected Health Information for the proper
management and administration of the Business Associate, provided that:
1) disclosures are Required By Law; or
2) Business Associate obtains reasonable assurances from the person to whom the
information is disclosed that it will remain confidential and will be used or further
disclosed only as Required By Law or for the purpose for which it was disclosed to the
person, and the person notifies the Business Associate of any instances of which it is
aware in which the confidentiality of the information has been breached.
d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information to provide data
aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose
Protected Health Information if the use or disclosure would violate any term of the Contract or
other applicable law or agreements.
5. TERM AND TERMINATION
a. Term. This Agreement shall be effective as of the effective date stated above and shall
terminate when the Contract terminates.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business
Associate, Covered Entity may, at its option:
1) Provide an opportunity for Business Associate to cure the breach or end the violation,
and terminate this Agreement and services provided by Business Associate, to the extent
permissible by law, if Business Associate does not cure the breach or end the violation
within the time specified by Covered Entity;
2) Immediately terminate this Agreement and services provided by Business Associate,
to the extent permissible by law; or
3) If neither termination nor cure is feasible, report the violation to the Secretary as
provided in the Privacy Rule.
c. Effect of Termination.
1) Except as provided in paragraph (2) of this section or in the Contract or by other
applicable law or agreements, upon termination of this Agreement and services provided
by Business Associate, for any reason, Business Associate shall return or destroy all
Protected Health Information received from Covered Entity, or created or received by
Business Associate on behalf of Covered Entity. This provision shall apply to Protected
Health Information that is in the possession of subcontractors or agents of Business
Associate. Business Associate shall retain no copies of the Protected Health Information.
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2) In the event that Business Associate determines that returning or destroying the
Protected Health Information is not feasible, Business Associate shall provide to Covered
Entity notification of the conditions that make return or destruction not feasible. Business
Associate shall extend the protections of this Agreement to such Protected Health
Information and limit further uses and disclosures of such Protected Health Information
to those purposes that make the return or destruction infeasible, for so long as Business
Associate maintains such Protected Health Information.
6. GENERAL TERMS AND CONDITIONS
a. This Agreement amends and is part of the Contract.
b. Except as provided in this Agreement, all terms and conditions of the Contract shall remain in
force and shall apply to this Agreement as if set forth fully herein.
c. In the event of a conflict in terms between this Agreement and the Contract, the interpretation
that is in accordance with the Privacy Rule shall prevail. In the event that a conflict then
remains, the Contract terms shall prevail so long as they are in accordance with the Privacy Rule.
d. A breach of this Agreement by Business Associate shall be considered sufficient basis for
Covered Entity to terminate the Contract for cause.
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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]
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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:
(a) He or she is a duly authorized representative of the Contractor named below;
(b) He or she is authorized to make, and does hereby make, the foregoing certifications on
behalf of the Contractor; and
(c) 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: Thomas L. Fitzgerald
Signature of Contractor’s Authorized Agent
Date
Printed Name of Contractor’s Authorized Agent
Thomas L. Fitzgerald
Title
Attorney at Law
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.
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Attachment N
Person County Department of Social Services
CERTIFICATION REGARDING NONDISCRIMINATION, CLEAN AIR ACT, CLEAN
WATER ACT
Certification Regarding Nondiscrimination
Thomas L. Fitzgerald 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.
Thomas L. Fitzgerald 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: Thomas L. Fitzgerald, 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).
Thomas L. Fitzgerald 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: Thomas L. Fitzgerald must also
ensure equal opportunity access for persons with disabilities. This includes ensuring that communications
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with applicants, participants, members of the public, and companions with disabilities are as effective as
communications with people without disabilities. Contractors that do not provide persons with disabilities
equal opportunity access to programs may risk violating prohibitions against disability discrimination 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
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conviction occurred, and if such facility is owned, leased, or supervised by such person. The
prohibition in preceding sentence shall continue until the Administrator certifies that the condition
giving rise to such conviction has been 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)).
Thomas L. Fitzgerald, Attorney At Law
____________________________ _________________________
Signature Date
(Certification signature should be same as Contract signature.)
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Budget Addendum
Name Thomas L. Fitzgerald STATEMENT OF TRAVEL EXPENSES Per Diem rates for meals
Month of , 2019 Breakfast: $7 - leave before 7:30 a.m.
Lunch: $11 - leave before 11:00 am (day of departure)
return after 2:00 pm (day of return)
Dinner: $18 - leave before 5:00 pm (day of departure)
Effective January 1, 2019 return after 7:00 pm (day of return)
Current reimbursement rate for mileage is:>>>>> 0.58
Complete all cells.
Time Time NUMBER $AMT. @ Attach Receipt Per Diem Attach Receipt Client
Date Left Returned FROM TO OF MILES $0.545 EA.HOTEL MEALS OTHER TOTAL Y or N Program
$ $ $ $ $
I HEREBY CERTIFY THAT THE DISTANCES FOR WHICH CHARGE IS MADE IN THIS
STATEMENT HAVE BEEN NECESSARILY TRAVELED AND THAT EXPENSES FOR
WHICH REIMBURSEMENT IS CLAIMED WERE INCURRED IN THE SERVICE OF THE
COUNTY.
DEPARTMENT HEAD APPROVAL SIGNATURE OF Thomas L. Fitzgerald
Effective January 1, 2019
Revised January 2, 2019
IRS Meal Reimbursements for Non-Overnight Travel: Person County will no longer allow expenses for non-overnight meals.
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Contract # 1012 Fiscal Year Begins July 1, 2019 Ends June 30, 2020
This contract is hereby entered into by and between the Person County Department of Social
Services (the "County") and Julie A. Ramsey (the "Contractor") (referred to collectively as the
“Parties”). The Contractor’s federal tax identification number is 56-199 9585.
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)
Federal Certification Regarding Drug-Free Workplace & Certification Regarding Nondiscrimination (Attachment C)
Conflict of Interest (Attachment D)
No Overdue Taxes (Attachment E)
Federal Certification Regarding Lobbying (Attachment G)
Federal Certification Regarding Debarment (Attachment H)
HIPAA Business Associate Addendum (Attachment I)
State Certification (Attachment M)
Certification Regarding Nondiscrimination, Clean Air Act, Clean Water (Attachment N)
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 July 1, 2019 and shall terminate on
June 30, 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 1,000 hours
collectively for all attorneys under contract. Rate of compensation for Secondary Attorney
Julie A. Ramsey is $75 per hour.
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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 Julie A. Ramsey, Attorney
P.O. Box 770 P.O. Box 3130
355B South Madison Boulevard 22 Court Street, Suite 200
Roxboro, NC 27573 Roxboro, NC 27573
(336) 599-8361 (336) 599-5004
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.
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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.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
PERSON COUNTY
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners 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
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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.
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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.
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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.
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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.
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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.
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ATTACHMENT B – Scope of Work Federal Tax Id. 56-199 9585
NORTH CAROLINA
DUPLICATE ORIGINAL
PERSON COUNTY
LEGAL SERVICES AGREEMENT
THIS Agreement, made and entered into this the 1st day of July, 2019, by and between
the PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, hereinafter referred to as
Agency, and Julie A. Ramsey, Attorney at Law, hereinafter referred to as Attorney.
W I T N E S S E T H :
THAT WHEREAS, the Agency has determined that it has need for legal services and
consultation beyond those presently being provided by the county attorney;
AND WHEREAS, the Attorney is a member in a reputable law firm with an office in
Person County, North Carolina, and has expertise in the field of social services law, rules and
regulations, and the Agency is desirous of obtaining such legal services from said Attorney on a
continuing basis;
NOW, THEREFORE, it is hereby agreed that the Attorney shall provide legal services to
the Agency in the nature of consultations, interpretation of social services laws and regulations
and drafting of legal documents when necessary on the following terms and conditions:
1
The Attorney shall make herself available and on call to the Agency on a prompt basis for
the purposes herein above described until June 30, 2020. At the end of said period, the
arrangement herein described will be analyzed by the parties hereto to determine if same is
effective and fair to all parties concerned and revised or terminated accordingly as deemed
necessary.
2
The Agency shall pay for such legal services to the Attorney the sum of seventy-five
dollars ($75.00) per hour for out of court time and seventy-five dollars ($75.00) per hour for in
court time for each hour of legal services performed, same to be due and payable on or before the
10th of each month upon due submission by the Attorney of a statement of work detailing the
hours of work performed and the nature of such legal work.
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3
The Attorney will assist the Agency in maintaining records of the legal services provided
as same are necessary for the agency in filing its reports and funding statements.
4
It is understood and agreed that the legal services provided pursuant to this contract will
be in addition to those provided by the county attorney and not in substitution nor duplication of
such services by the county attorney.
5
It is specifically agreed that Attorney is an independent contractor and shall perform the
legal services herein provided according to her own judgment and method and shall not be
subject to control of the Agency except as to the result of her work.
6
The Attorney shall not under any circumstance be considered an employee of the
Agency. The Agency shall not withhold federal or state taxes from sums paid to the Attorney
pursuant to this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate
originals, one of which is retained by each of the parties hereto, on the day and year first above
written.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
AND CERTIFICATION REGARDING NONDISCRIMINATION
Person County Department of Social Services
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
(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).
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The site(s) for the performance of work done in connection with the specific agreement are
listed below:
22 Court Street, Suite 200, 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.
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.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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.
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
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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
Julie A. Ramsey, Attorney At Law
_________________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
I, __________________________, a Notary Public of said County and State do hereby certify that Julie A. Ramsey,
Attorney at Law, 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 ______________________, 2019.
___________________________
Notary Public
My Commission expires: __________________
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ATTACHMENT E – OVERDUE TAXES
JULIE A. RAMSEY
--------------------------------------ATTORNEY AT LAW------------------------------------
22 Court Street, Suite 200 336-599-5004 – Telephone
P.O. Box 3130 336-599-5007 – Fax
Roxboro, NC 27573 julie.ramsey@esinc.net
______________, 2019
To: Person County Department of Social Services
Certification:
I, Julie A. Ramsey, 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, Julie A. Ramsey, 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.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
Sworn to and subscribed before me this _________ day of ______________________, 2019.
___________________________
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.”
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ATTACHMENT G
Person County Department of Social Services
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned 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 Federal, state or local
government agency, a Member of Congress, a Member of the General Assembly, an officer or employee of
Congress, an officer or employee of the General Assembly, an employee of a Member of Congress, or an
employee of a Member of the General Assembly in connection with the awarding of any Federal or state
contract, the making of any Federal or state grant, the making of any Federal or state loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state 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 Federal, state or local government
agency, a Member of Congress, a Member of the General Assembly, an officer or employee of Congress,
an officer or employee of the General Assembly, an employee of a Member of Congress, or an employee of
a Member of the General Assembly in connection with the awarding of any Federal or state contract, the
making of any Federal or state grant, the making of any Federal or state loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) 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 and not more than $100,000 for each
such failure.
Notwithstanding other provisions of federal OMB Circulars-CFR Title 2, Grants and Agreements, Part 200, costs
associated with the following activities are unallowable:
Paragraph A.
(1) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or
similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activity;
(2) Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political
action committee, or other organization established for the purpose of influencing the outcomes of
elections;
(3) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation through communication with any member or
employee of the Congress or State legislature (including efforts to influence State or local officials to
engage in similar lobbying activity), or with any Government official or employee in connection with a
decision to sign or veto enrolled legislation;
(4) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation by preparing, distributing or using publicity or
propaganda, or by urging members of the general public or any segment thereof to contribute to or
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participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing
or telephone campaign; or
(5) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering
information regarding legislation, and analyzing the effect of legislation, when such activities are carried on
in support of or in knowing preparation for an effort to engage in unallowable lobbying.
The following activities as enumerated in Paragraph B are excepted from the coverage of Paragraph A:
Paragraph B.
(1) Providing a technical and factual presentation of information on a topic directly related to the performance
of a grant, contract or other agreement through hearing testimony, statements or letters to the Congress or a
State legislature, or subdivision, member, or cognizant staff member thereof, in response to a documented
request (including a Congressional Record notice requesting testimony or statements for the record at a
regularly scheduled hearing) made by the recipient member, legislative body or subdivision, or a cognizant
staff member thereof; provided such information is readily obtainable and can be readily put in deliverable
form; and further provided that costs under this section for travel, lodging or meals are unallowable unless
incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written request for
such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommittee
conducting such hearing.
(2) Any lobbying made unallowable by subparagraph A (3) to influence State legislation in order to directly
reduce the cost, or to avoid material impairment of the organization's authority to perform the grant,
contract, or other agreement.
(3) Any activity specifically authorized by statute to be undertaken with funds from the grant, contract, or other
agreement.
Paragraph C.
(1) When an organization seeks reimbursement for indirect costs, total lobbying costs shall be separately
identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs in
accordance with the procedures of subparagraph B.(3).
(2) Organizations shall submit, as part of the annual indirect cost rate proposal, a certification that the
requirements and standards of this paragraph have been complied with.
(3) Organizations shall maintain adequate records to demonstrate that the determination of costs as being
allowable or unallowable pursuant to this section complies with the requirements of this Circular.
(4) Time logs, calendars, or similar records shall not be required to be created for purposes of complying with
this paragraph during any particular calendar month when: (1) the employee engages in lobbying (as
defined in subparagraphs (a) and (b)) 25 percent or less of the employee's compensated hours of
employment during that calendar month, and (2) within the preceding five-year period, the organization has
not materially misstated allowable or unallowable costs of any nature, including legislative lobbying costs.
When conditions (1) and (2) are met, organizations are not required to establish records to support the
allowability of claimed costs in addition to records already required or maintained. Also, when conditions
(1) and (2) are met, the absence of time logs, calendars, or similar records will not serve as a basis for
disallowing costs by contesting estimates of lobbying time spent by employees during a calendar month.
(5) Agencies shall establish procedures for resolving in advance, in consultation with OMB, any significant
questions or disagreements concerning the interpretation or application of this section. Any such advance
resolution shall be binding in any subsequent settlements, audits or investigations with respect to that grant
or contract for purposes of interpretation of this Circular; provided, however, that this shall not be
construed to prevent a contractor or grantee from contesting the lawfulness of such a determination.
Paragraph D.
Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an
employee or officer of the Executive Branch of the Federal Government to give consideration or to act
regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any
influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding
a federally sponsored agreement or regulatory matter on any basis other than the merits of the matter.
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Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT H
PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES
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
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and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension, and/or
debarment.
Certification 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.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT I
PERSON COUNTY
DEPARTMENT OF SOCIAL SERVICES
BUSINESS ASSOCIATE ADDENDUM
This Agreement is made effective the 1st day of July, 2019, by and between Person County
Department of Social Services (“Covered Entity”) and Julie A. Ramsey, Attorney at Law
(“Business Associate”) (collectively the “Parties”).
1. BACKGROUND
a. Covered Entity and Business Associate are parties to a contract entitled Legal Services
Contract (the “Contract”), whereby Business Associate agrees to perform certain services for or
on behalf of Covered Entity.
b. Covered Entity is an organizational unit of Person County as the Person County Department
of Social Services (DSS) as a health care component for purposes of the HIPAA Privacy Rule.
c. The relationship between Covered Entity and Business Associate is such that the Parties
believe Business Associate is or may be a “business associate” within the meaning of the HIPAA
Privacy Rule.
d. The Parties enter into this Business Associate Addendum to the Contract with the intention of
complying with the HIPAA Privacy Rule provision that a covered entity may disclose protected
health information to a business associate, and may allow a business associate to create or
receive protected heath information on its behalf, if the covered entity obtains satisfactory
assurances that the business associate will appropriately safeguard the information.
2. DEFINITIONS
Unless some other meaning is clearly indicated by the context, the following terms shall have the
following meaning in this Agreement:
a. “HIPAA” means the Administrative Simplification Provisions, Sections 261 through 264, of
the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
b. “Individual” shall have the same meaning as the term “individual” in 45 CFR160.103 and
shall include a person who qualifies as a personal representative in accordance with 45 CFR
164.502(g).
c. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR part 160 and part 164, subparts A and E.
d. “Protected Health Information” shall have the same meaning as the term “protected health
information” in 45 CFR 160.103, limited to the information created or received by Business
Associate from or on behalf of Covered Entity.
e. “Required By Law” shall have the same meaning as the term “required by law” in 45 CFR
164.103.
f. “Secretary” shall mean the Secretary of the United States Department of Health and Human
Services or his designee.
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g. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning
as those terms have in the Privacy Rule.
3. OBLIGATIONS OF BUSINESS ASSOCIATE
a. Business Associate agrees to not use or disclose Protected Health Information other than as
permitted or required by this Agreement or as Required By Law.
b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the
Protected Health Information other than as provided for by this Agreement.
c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of Protected Health Information by Business
Associate in violation of the requirements of this Agreement.
d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected
Health Information not provided for by this Agreement of which it becomes aware.
e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from, or created or received by Business
Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply
through this Agreement to Business Associate with respect to such information.
f. Business Associate agrees to provide access, at the request of Covered Entity, to Protected
Health Information in a Designated Record Set to Covered Entity or, as directed by Covered
Entity, to an Individual in order to meet the requirements under 45 CFR 164.524.
g. Business Associate agrees, at the request of the Covered Entity, to make any amendment(s) to
Protected Health Information in a Designated Record Set that the Covered Entity directs or
agrees to pursuant to 45 CFR 164.526.
h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices,
books, and records, including policies and procedures and Protected Health Information, relating
to the use and disclosure of Protected Health Information received from, or created or received
by Business Associate on behalf of Covered Entity, available to the Covered Entity, or to the
Person County Department of Social Services, in a time and manner designated by the
Secretary, for purposes of determining Covered Entity's compliance with the Privacy Rule.
i. Business Associate agrees to document such disclosures of Protected Health Information and
information related to such disclosures as would be required for Covered Entity to respond to a
request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR 164.528, and to provide this information to Covered Entity or an
Individual to permit such a response.
4. PERMITTED USES AND DISCLOSURES
a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the
Contract permits, Business Associate may use or disclose Protected Health Information to
perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the
Contract, provided that such use or disclosure:
1) would not violate the Privacy Rule if done by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered
Entity.
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b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information as necessary for the
proper management and administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may disclose Protected Health Information for the proper
management and administration of the Business Associate, provided that:
1) disclosures are Required By Law; or
2) Business Associate obtains reasonable assurances from the person to whom the
information is disclosed that it will remain confidential and will be used or further
disclosed only as Required By Law or for the purpose for which it was disclosed to the
person, and the person notifies the Business Associate of any instances of which it is
aware in which the confidentiality of the information has been breached.
d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information to provide data
aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose
Protected Health Information if the use or disclosure would violate any term of the Contract or
other applicable law or agreements.
5. TERM AND TERMINATION
a. Term. This Agreement shall be effective as of the effective date stated above and shall
terminate when the Contract terminates.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business
Associate, Covered Entity may, at its option:
1) Provide an opportunity for Business Associate to cure the breach or end the violation,
and terminate this Agreement and services provided by Business Associate, to the extent
permissible by law, if Business Associate does not cure the breach or end the violation
within the time specified by Covered Entity;
2) Immediately terminate this Agreement and services provided by Business Associate,
to the extent permissible by law; or
3) If neither termination nor cure is feasible, report the violation to the Secretary as
provided in the Privacy Rule.
c. Effect of Termination.
1) Except as provided in paragraph (2) of this section or in the Contract or by other
applicable law or agreements, upon termination of this Agreement and services provided
by Business Associate, for any reason, Business Associate shall return or destroy all
Protected Health Information received from Covered Entity, or created or received by
Business Associate on behalf of Covered Entity. This provision shall apply to Protected
Health Information that is in the possession of subcontractors or agents of Business
Associate. Business Associate shall retain no copies of the Protected Health Information.
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2) In the event that Business Associate determines that returning or destroying the
Protected Health Information is not feasible, Business Associate shall provide to Covered
Entity notification of the conditions that make return or destruction not feasible. Business
Associate shall extend the protections of this Agreement to such Protected Health
Information and limit further uses and disclosures of such Protected Health Information
to those purposes that make the return or destruction infeasible, for so long as Business
Associate maintains such Protected Health Information.
6. GENERAL TERMS AND CONDITIONS
a. This Agreement amends and is part of the Contract.
b. Except as provided in this Agreement, all terms and conditions of the Contract shall remain in
force and shall apply to this Agreement as if set forth fully herein.
c. In the event of a conflict in terms between this Agreement and the Contract, the interpretation
that is in accordance with the Privacy Rule shall prevail. In the event that a conflict then
remains, the Contract terms shall prevail so long as they are in accordance with the Privacy Rule.
d. A breach of this Agreement by Business Associate shall be considered sufficient basis for
Covered Entity to terminate the Contract for cause.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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]
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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:
(a) He or she is a duly authorized representative of the Contractor named below;
(b) He or she is authorized to make, and does hereby make, the foregoing certifications on
behalf of the Contractor; and
(c) 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: Julie A. Ramsey
Signature of Contractor’s Authorized Agent
Date
Printed Name of Contractor’s Authorized Agent
Julie A. Ramsey
Title
Attorney at Law
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.
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Attachment N
Person County Department of Social Services
CERTIFICATION REGARDING NONDISCRIMINATION, CLEAN AIR ACT, CLEAN
WATER ACT
Certification Regarding Nondiscrimination
Julie A. Ramsey certifies that she 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.
Julie A. Ramsey 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: Julie A. Ramsey, 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).
Julie A. Ramsey 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: Julie A. Ramsey must also ensure
equal opportunity access for persons with disabilities. This includes ensuring that communications with
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applicants, participants, members of the public, and companions with disabilities are as effective as
communications with people without disabilities. Contractors that do not provide persons with disabilities
equal opportunity access to programs may risk violating prohibitions against disability discrimination 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
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conviction occurred, and if such facility is owned, leased, or supervised by such person. The
prohibition in preceding sentence shall continue until the Administrator certifies that the condition
giving rise to such conviction has been 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)).
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
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.
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Contract # 1013 Fiscal Year Begins July 1, 2019 Ends June 30, 2020
This contract is hereby entered into by and between the Person County Department of Social
Services (the "County") and Julie A. Ramsey (the "Contractor") (referred to collectively as the
“Parties”). The Contractor’s federal tax identification number is 56-199 9585.
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)
Federal Certification Regarding Drug-Free Workplace & Certification Regarding Nondiscrimination (Attachment C)
Conflict of Interest (Attachment D)
No Overdue Taxes (Attachment E)
Federal Certification Regarding Lobbying (Attachment G)
Federal Certification Regarding Debarment (Attachment H)
HIPAA Business Associate Addendum (Attachment I)
State Certification (Attachment M)
Certification Regarding Nondiscrimination, Clean Air Act, Clean Water (Attachment N)
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 July 1, 2019 and shall terminate on
June 30, 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 1,000 hours
collectively for all attorneys under contract. Rate of compensation for Secondary Attorney
Julie A. Ramsey is $75 per hour.
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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 Julie A. Ramsey, Attorney
P.O. Box 770 P.O. Box 3130
355B South Madison Boulevard 22 Court Street, Suite 200
Roxboro, NC 27573 Roxboro, NC 27573
(336) 599-8361 (336) 599-5004
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.
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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.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
PERSON COUNTY
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners 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
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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.
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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.
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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.
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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.
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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.
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ATTACHMENT B – Scope of Work Federal Tax Id. 56-199 9585
STATE OF NORTH CAROLINA )
)
) CONTRACT FOR LEGAL SERVICES
)
COUNTY OF Person )
THIS CONTRACT made and entered into this the 1st day of July, 2019, by and
between the Person County Commissioners, party of the first part, and Julie A. Ramsey,
Attorney, party of the second part;
W I T N E S S E T H :
The parties hereby agree that the party of the second part shall provide legal
services to the party of the first part pursuant to the following mutual covenants:
1. This Contract shall begin July 1, 2019, and unless sooner terminated by 30
days’ notice of either party shall exist and continue through June 30, 2020.
2. Said party of the second part, upon reasonable notice, is to be available for
consultation, legal advice and for representation as requested by the Child Support
Enforcement Agency on all legal matters arising from the duties of the party of the first
part under Sections 128 through 140 of Chapter 110 of the North Carolina General
Statutes and Title 42 of the United States Code, Sections 651 through 660 and the
federal regulations lawfully promulgated pursuant thereto.
3. Said party of the second part, agrees to comply with all the requirements of
Sections 128 through 140 of Chapter 110 of the North Carolina General Statutes, Title
42 of the United States Code, Sections 651 through 660, and the regulations
promulgated pursuant thereto relating to the performance of program legal services
including, but not limited to, maintaining such records as are required by the party of the
first part, to make said records available for federal or state audit if required, and to
make financial, statistical, and program progress reports as are required.
4. For her services under this contract, the party of the first part agrees to pay
the party of the second part seventy-five dollars ($75.00) per hour for out of court time
and seventy-five dollars ($75.00) per hour for in court time for each hour spent by the
party of the second part providing legal services under the Child Support Enforcement
Program. Such hourly rate shall encompass all expenses, including, but not limited to,
those for salary, supplies, office space, heating and maintenance for office space,
telephone service, long-distance telephone calls, and travel. The party of the second
part is not to be reimbursed for any extraordinary expense incident to performing the
services included under this agreement; except, that the party of the first part agrees to
pay all court costs and filing fees which are required to be paid in conjunction with
services provided by the attorney under this agreement.
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5. It is specifically agreed that the party of the second part is an independent
contractor and the party of the second part shall perform the services herein provided
according to his own judgment and method and shall not be subject to the control of the
party of the first part except as to the result of his work.
6. The party of the second part shall not under any circumstance be considered
an employee of the party of the first part. The party of the first part shall not withhold
federal or state taxes from sums to be paid to the party of the second part pursuant to
this agreement.
IN TESTIMONY WHEREOF, said parties have executed this contract in triplicate
originals, one of which is to be retained by the party of the first part, one of which is to
be retained by the parties of the second part, and one of which is to be filed with Child
Support Enforcement Section, Division of Social Services of the Department of Human
Resources, Raleigh, North Carolina.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
AND CERTIFICATION REGARDING NONDISCRIMINATION
Person County Department of Social Services
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
(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).
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The site(s) for the performance of work done in connection with the specific agreement are
listed below:
22 Court Street, Suite 200, 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.
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.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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.
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
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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
Julie A. Ramsey, Attorney At Law
_________________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
I, __________________________, a Notary Public of said County and State do hereby certify that Julie A. Ramsey,
Attorney at Law, 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 ______________________, 2019.
___________________________
Notary Public
My Commission expires: __________________
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ATTACHMENT E – OVERDUE TAXES
JULIE A. RAMSEY
--------------------------------------ATTORNEY AT LAW------------------------------------
22 Court Street, Suite 200 336-599-5004 – Telephone
P.O. Box 3130 336-599-5007 – Fax
Roxboro, NC 27573 julie.ramsey@esinc.net
______________, 2019
To: Person County Department of Social Services
Certification:
I, Julie A. Ramsey, 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, Julie A. Ramsey, 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.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
Sworn to and subscribed before me this _________ day of ______________________, 2019.
___________________________
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.”
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ATTACHMENT G
Person County Department of Social Services
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned 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 Federal, state or local
government agency, a Member of Congress, a Member of the General Assembly, an officer or employee of
Congress, an officer or employee of the General Assembly, an employee of a Member of Congress, or an
employee of a Member of the General Assembly in connection with the awarding of any Federal or state
contract, the making of any Federal or state grant, the making of any Federal or state loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state 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 Federal, state or local government
agency, a Member of Congress, a Member of the General Assembly, an officer or employee of Congress,
an officer or employee of the General Assembly, an employee of a Member of Congress, or an employee of
a Member of the General Assembly in connection with the awarding of any Federal or state contract, the
making of any Federal or state grant, the making of any Federal or state loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) 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 and not more than $100,000 for each
such failure.
Notwithstanding other provisions of federal OMB Circulars-CFR Title 2, Grants and Agreements, Part 200, costs
associated with the following activities are unallowable:
Paragraph A.
(1) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or
similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activity;
(2) Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political
action committee, or other organization established for the purpose of influencing the outcomes of
elections;
(3) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation through communication with any member or
employee of the Congress or State legislature (including efforts to influence State or local officials to
engage in similar lobbying activity), or with any Government official or employee in connection with a
decision to sign or veto enrolled legislation;
(4) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation by preparing, distributing or using publicity or
propaganda, or by urging members of the general public or any segment thereof to contribute to or
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participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing
or telephone campaign; or
(5) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering
information regarding legislation, and analyzing the effect of legislation, when such activities are carried on
in support of or in knowing preparation for an effort to engage in unallowable lobbying.
The following activities as enumerated in Paragraph B are excepted from the coverage of Paragraph A:
Paragraph B.
(1) Providing a technical and factual presentation of information on a topic directly related to the performance
of a grant, contract or other agreement through hearing testimony, statements or letters to the Congress or a
State legislature, or subdivision, member, or cognizant staff member thereof, in response to a documented
request (including a Congressional Record notice requesting testimony or statements for the record at a
regularly scheduled hearing) made by the recipient member, legislative body or subdivision, or a cognizant
staff member thereof; provided such information is readily obtainable and can be readily put in deliverable
form; and further provided that costs under this section for travel, lodging or meals are unallowable unless
incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written request for
such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommittee
conducting such hearing.
(2) Any lobbying made unallowable by subparagraph A (3) to influence State legislation in order to directly
reduce the cost, or to avoid material impairment of the organization's authority to perform the grant,
contract, or other agreement.
(3) Any activity specifically authorized by statute to be undertaken with funds from the grant, contract, or other
agreement.
Paragraph C.
(1) When an organization seeks reimbursement for indirect costs, total lobbying costs shall be separately
identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs in
accordance with the procedures of subparagraph B.(3).
(2) Organizations shall submit, as part of the annual indirect cost rate proposal, a certification that the
requirements and standards of this paragraph have been complied with.
(3) Organizations shall maintain adequate records to demonstrate that the determination of costs as being
allowable or unallowable pursuant to this section complies with the requirements of this Circular.
(4) Time logs, calendars, or similar records shall not be required to be created for purposes of complying with
this paragraph during any particular calendar month when: (1) the employee engages in lobbying (as
defined in subparagraphs (a) and (b)) 25 percent or less of the employee's compensated hours of
employment during that calendar month, and (2) within the preceding five-year period, the organization has
not materially misstated allowable or unallowable costs of any nature, including legislative lobbying costs.
When conditions (1) and (2) are met, organizations are not required to establish records to support the
allowability of claimed costs in addition to records already required or maintained. Also, when conditions
(1) and (2) are met, the absence of time logs, calendars, or similar records will not serve as a basis for
disallowing costs by contesting estimates of lobbying time spent by employees during a calendar month.
(5) Agencies shall establish procedures for resolving in advance, in consultation with OMB, any significant
questions or disagreements concerning the interpretation or application of this section. Any such advance
resolution shall be binding in any subsequent settlements, audits or investigations with respect to that grant
or contract for purposes of interpretation of this Circular; provided, however, that this shall not be
construed to prevent a contractor or grantee from contesting the lawfulness of such a determination.
Paragraph D.
Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an
employee or officer of the Executive Branch of the Federal Government to give consideration or to act
regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any
influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding
a federally sponsored agreement or regulatory matter on any basis other than the merits of the matter.
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Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT H
PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES
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
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and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension, and/or
debarment.
Certification 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.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT I
PERSON COUNTY
DEPARTMENT OF SOCIAL SERVICES
BUSINESS ASSOCIATE ADDENDUM
This Agreement is made effective the 1st day of July, 2019, by and between Person County
Department of Social Services (“Covered Entity”) and Julie A. Ramsey, Attorney at Law
(“Business Associate”) (collectively the “Parties”).
1. BACKGROUND
a. Covered Entity and Business Associate are parties to a contract entitled Legal Services
Contract (the “Contract”), whereby Business Associate agrees to perform certain services for or
on behalf of Covered Entity.
b. Covered Entity is an organizational unit of Person County as the Person County Department
of Social Services (DSS) as a health care component for purposes of the HIPAA Privacy Rule.
c. The relationship between Covered Entity and Business Associate is such that the Parties
believe Business Associate is or may be a “business associate” within the meaning of the HIPAA
Privacy Rule.
d. The Parties enter into this Business Associate Addendum to the Contract with the intention of
complying with the HIPAA Privacy Rule provision that a covered entity may disclose protected
health information to a business associate, and may allow a business associate to create or
receive protected heath information on its behalf, if the covered entity obtains satisfactory
assurances that the business associate will appropriately safeguard the information.
2. DEFINITIONS
Unless some other meaning is clearly indicated by the context, the following terms shall have the
following meaning in this Agreement:
a. “HIPAA” means the Administrative Simplification Provisions, Sections 261 through 264, of
the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
b. “Individual” shall have the same meaning as the term “individual” in 45 CFR160.103 and
shall include a person who qualifies as a personal representative in accordance with 45 CFR
164.502(g).
c. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR part 160 and part 164, subparts A and E.
d. “Protected Health Information” shall have the same meaning as the term “protected health
information” in 45 CFR 160.103, limited to the information created or received by Business
Associate from or on behalf of Covered Entity.
e. “Required By Law” shall have the same meaning as the term “required by law” in 45 CFR
164.103.
f. “Secretary” shall mean the Secretary of the United States Department of Health and Human
Services or his designee.
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g. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning
as those terms have in the Privacy Rule.
3. OBLIGATIONS OF BUSINESS ASSOCIATE
a. Business Associate agrees to not use or disclose Protected Health Information other than as
permitted or required by this Agreement or as Required By Law.
b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the
Protected Health Information other than as provided for by this Agreement.
c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of Protected Health Information by Business
Associate in violation of the requirements of this Agreement.
d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected
Health Information not provided for by this Agreement of which it becomes aware.
e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from, or created or received by Business
Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply
through this Agreement to Business Associate with respect to such information.
f. Business Associate agrees to provide access, at the request of Covered Entity, to Protected
Health Information in a Designated Record Set to Covered Entity or, as directed by Covered
Entity, to an Individual in order to meet the requirements under 45 CFR 164.524.
g. Business Associate agrees, at the request of the Covered Entity, to make any amendment(s) to
Protected Health Information in a Designated Record Set that the Covered Entity directs or
agrees to pursuant to 45 CFR 164.526.
h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices,
books, and records, including policies and procedures and Protected Health Information, relating
to the use and disclosure of Protected Health Information received from, or created or received
by Business Associate on behalf of Covered Entity, available to the Covered Entity, or to the
Person County Department of Social Services, in a time and manner designated by the
Secretary, for purposes of determining Covered Entity's compliance with the Privacy Rule.
i. Business Associate agrees to document such disclosures of Protected Health Information and
information related to such disclosures as would be required for Covered Entity to respond to a
request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR 164.528, and to provide this information to Covered Entity or an
Individual to permit such a response.
4. PERMITTED USES AND DISCLOSURES
a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the
Contract permits, Business Associate may use or disclose Protected Health Information to
perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the
Contract, provided that such use or disclosure:
1) would not violate the Privacy Rule if done by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered
Entity.
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b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information as necessary for the
proper management and administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may disclose Protected Health Information for the proper
management and administration of the Business Associate, provided that:
1) disclosures are Required By Law; or
2) Business Associate obtains reasonable assurances from the person to whom the
information is disclosed that it will remain confidential and will be used or further
disclosed only as Required By Law or for the purpose for which it was disclosed to the
person, and the person notifies the Business Associate of any instances of which it is
aware in which the confidentiality of the information has been breached.
d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information to provide data
aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose
Protected Health Information if the use or disclosure would violate any term of the Contract or
other applicable law or agreements.
5. TERM AND TERMINATION
a. Term. This Agreement shall be effective as of the effective date stated above and shall
terminate when the Contract terminates.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business
Associate, Covered Entity may, at its option:
1) Provide an opportunity for Business Associate to cure the breach or end the violation,
and terminate this Agreement and services provided by Business Associate, to the extent
permissible by law, if Business Associate does not cure the breach or end the violation
within the time specified by Covered Entity;
2) Immediately terminate this Agreement and services provided by Business Associate,
to the extent permissible by law; or
3) If neither termination nor cure is feasible, report the violation to the Secretary as
provided in the Privacy Rule.
c. Effect of Termination.
1) Except as provided in paragraph (2) of this section or in the Contract or by other
applicable law or agreements, upon termination of this Agreement and services provided
by Business Associate, for any reason, Business Associate shall return or destroy all
Protected Health Information received from Covered Entity, or created or received by
Business Associate on behalf of Covered Entity. This provision shall apply to Protected
Health Information that is in the possession of subcontractors or agents of Business
Associate. Business Associate shall retain no copies of the Protected Health Information.
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2) In the event that Business Associate determines that returning or destroying the
Protected Health Information is not feasible, Business Associate shall provide to Covered
Entity notification of the conditions that make return or destruction not feasible. Business
Associate shall extend the protections of this Agreement to such Protected Health
Information and limit further uses and disclosures of such Protected Health Information
to those purposes that make the return or destruction infeasible, for so long as Business
Associate maintains such Protected Health Information.
6. GENERAL TERMS AND CONDITIONS
a. This Agreement amends and is part of the Contract.
b. Except as provided in this Agreement, all terms and conditions of the Contract shall remain in
force and shall apply to this Agreement as if set forth fully herein.
c. In the event of a conflict in terms between this Agreement and the Contract, the interpretation
that is in accordance with the Privacy Rule shall prevail. In the event that a conflict then
remains, the Contract terms shall prevail so long as they are in accordance with the Privacy Rule.
d. A breach of this Agreement by Business Associate shall be considered sufficient basis for
Covered Entity to terminate the Contract for cause.
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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]
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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:
(a) He or she is a duly authorized representative of the Contractor named below;
(b) He or she is authorized to make, and does hereby make, the foregoing certifications on
behalf of the Contractor; and
(c) 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: Julie A. Ramsey
Signature of Contractor’s Authorized Agent
Date
Printed Name of Contractor’s Authorized Agent
Julie A. Ramsey
Title
Attorney at Law
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.
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Attachment N
Person County Department of Social Services
CERTIFICATION REGARDING NONDISCRIMINATION, CLEAN AIR ACT, CLEAN
WATER ACT
Certification Regarding Nondiscrimination
Julie A. Ramsey certifies that she 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.
Julie A. Ramsey 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: Julie A. Ramsey, 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).
Julie A. Ramsey 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: Julie A. Ramsey 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
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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. The
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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)).
Julie A. Ramsey, Attorney At Law
____________________________ _________________________
Signature Date
(Certification signature should be same as Contract signature.)
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Contract # 1006 Fiscal Year Begins July 1, 2019 Ends June 30, 2020
This contract is hereby entered into by and between the Person County Department of Social
Services (the "County") and Joseph Weinberger, Jr. (the "Contractor") (referred to collectively
as the “Parties”). The Contractor’s federal tax identification number is 56-153 8949.
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)
Federal Certification Regarding Drug-Free Workplace & Certification Regarding Nondiscrimination (Attachment C)
Conflict of Interest (Attachment D)
No Overdue Taxes (Attachment E)
Federal Certification Regarding Lobbying (Attachment G)
Federal Certification Regarding Debarment (Attachment H)
HIPAA Business Associate Addendum (Attachment I)
State Certification (Attachment M)
Certification Regarding Nondiscrimination, Clean Air Act, Clean Water (Attachment N)
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 July 1, 2019 and shall terminate on
June 30, 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 1,000 hours
collectively for all attorneys under contract. Rate of compensation for Secondary Attorney
Joseph Weinberger, Jr. is $75 per hour.
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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 Joseph Weinberger, Jr., Attorney
P.O. Box 770 P.O. Box 1215
355B South Madison Boulevard 114 North Main Street
Roxboro, NC 27573 Roxboro, NC 27573
(336) 599-8361 (336) 599-4959
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.
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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.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
PERSON COUNTY
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners 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
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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.
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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.
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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.
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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.
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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.
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ATTACHMENT B – Scope of Work Federal Tax Id. 56-153 8949
NORTH CAROLINA
DUPLICATE ORIGINAL
PERSON COUNTY
LEGAL SERVICES AGREEMENT
THIS Agreement, made and entered into this the 1st day of July, 2019, by and between
the PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, hereinafter referred to as
Agency, and Joseph Weinberger, Jr., Attorney at Law, hereinafter referred to as Attorney.
W I T N E S S E T H :
THAT WHEREAS, the Agency has determined that it has need for legal services and
consultation beyond those presently being provided by the county attorney;
AND WHEREAS, the Attorney is a member in a reputable law firm with an office in
Person County, North Carolina, and has expertise in the field of social services law, rules and
regulations, and the Agency is desirous of obtaining such legal services from said Attorney on a
continuing basis;
NOW, THEREFORE, it is hereby agreed that the Attorney shall provide legal services to
the Agency in the nature of consultations, interpretation of social services laws and regulations
and drafting of legal documents when necessary on the following terms and conditions:
1
The Attorney shall make himself available and on call to the Agency on a prompt basis
for the purposes herein above described until June 30, 2020. At the end of said period, the
arrangement herein described will be analyzed by the parties hereto to determine if same is
effective and fair to all parties concerned and revised or terminated accordingly as deemed
necessary.
2
The Agency shall pay for such legal services to the Attorney the sum of seventy-five
dollars ($75.00) per hour for out of court time and seventy-five dollars ($75.00) per hour for in
court time for each hour of legal services performed, same to be due and payable on or before the
10th of each month upon due submission by the Attorney of a statement of work detailing the
hours of work performed and the nature of such legal work.
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3
The Attorney will assist the Agency in maintaining records of the legal services provided
as same are necessary for the agency in filing its reports and funding statements.
4
It is understood and agreed that the legal services provided pursuant to this contract will
be in addition to those provided by the county attorney and not in substitution nor duplication of
such services by the county attorney.
5
It is specifically agreed that Attorney is an independent contractor and shall perform the
legal services herein provided according to his own judgment and method and shall not be
subject to control of the Agency except as to the result of his work.
6
The Attorney shall not under any circumstance be considered an employee of the
Agency. The Agency shall not withhold federal or state taxes from sums paid to the Attorney
pursuant to this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate
originals, one of which is retained by each of the parties hereto, on the day and year first above
written.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
AND CERTIFICATION REGARDING NONDISCRIMINATION
Person County Department of Social Services
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
(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).
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The site(s) for the performance of work done in connection with the specific agreement are
listed below:
114 North Main Street, 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.
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.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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.
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
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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
Joseph Weinberger, Jr., Attorney At Law
_________________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
I, __________________________, a Notary Public of said County and State do hereby certify that Joseph Weinberger,
Jr., Attorney at Law, 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 ______________________, 2019.
___________________________
Notary Public
My Commission expires: __________________
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ATTACHMENT E – OVERDUE TAXES
Joe Weinberger, Jr.
Attorney and Counselor at Law
ll4 NORTH MAIN STREET
P.O. BOX l2l5
ROXBORO, NORTH CAROLINA 27573
JOE WEINBERGER, JR. TELEPHONE
336-599-2239
FAX 336-599-2239
E-MAIL wein@osinc.net
______________, 2019
To: Person County Department of Social Services
Certification:
I, Joseph Weinberger, Jr., 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, Joseph Weinberger, Jr., 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.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
Sworn to and subscribed before me this _________ day of ______________________, 2019.
___________________________
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.”
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ATTACHMENT G
Person County Department of Social Services
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned 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 Federal, state or local
government agency, a Member of Congress, a Member of the General Assembly, an officer or employee of
Congress, an officer or employee of the General Assembly, an employee of a Member of Congress, or an
employee of a Member of the General Assembly in connection with the awarding of any Federal or state
contract, the making of any Federal or state grant, the making of any Federal or state loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state 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 Federal, state or local government
agency, a Member of Congress, a Member of the General Assembly, an officer or employee of Congress,
an officer or employee of the General Assembly, an employee of a Member of Congress, or an employee of
a Member of the General Assembly in connection with the awarding of any Federal or state contract, the
making of any Federal or state grant, the making of any Federal or state loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) 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 and not more than $100,000 for each
such failure.
Notwithstanding other provisions of federal OMB Circulars-CFR Title 2, Grants and Agreements, Part 200, costs
associated with the following activities are unallowable:
Paragraph A.
(1) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or
similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activity;
(2) Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political
action committee, or other organization established for the purpose of influencing the outcomes of
elections;
(3) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation through communication with any member or
employee of the Congress or State legislature (including efforts to influence State or local officials to
engage in similar lobbying activity), or with any Government official or employee in connection with a
decision to sign or veto enrolled legislation;
(4) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation by preparing, distributing or using publicity or
propaganda, or by urging members of the general public or any segment thereof to contribute to or
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participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing
or telephone campaign; or
(5) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering
information regarding legislation, and analyzing the effect of legislation, when such activities are carried on
in support of or in knowing preparation for an effort to engage in unallowable lobbying.
The following activities as enumerated in Paragraph B are excepted from the coverage of Paragraph A:
Paragraph B.
(1) Providing a technical and factual presentation of information on a topic directly related to the performance
of a grant, contract or other agreement through hearing testimony, statements or letters to the Congress or a
State legislature, or subdivision, member, or cognizant staff member thereof, in response to a documented
request (including a Congressional Record notice requesting testimony or statements for the record at a
regularly scheduled hearing) made by the recipient member, legislative body or subdivision, or a cognizant
staff member thereof; provided such information is readily obtainable and can be readily put in deliverable
form; and further provided that costs under this section for travel, lodging or meals are unallowable unless
incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written request for
such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommittee
conducting such hearing.
(2) Any lobbying made unallowable by subparagraph A (3) to influence State legislation in order to directly
reduce the cost, or to avoid material impairment of the organization's authority to perform the grant,
contract, or other agreement.
(3) Any activity specifically authorized by statute to be undertaken with funds from the grant, contract, or other
agreement.
Paragraph C.
(1) When an organization seeks reimbursement for indirect costs, total lobbying costs shall be separately
identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs in
accordance with the procedures of subparagraph B.(3).
(2) Organizations shall submit, as part of the annual indirect cost rate proposal, a certification that the
requirements and standards of this paragraph have been complied with.
(3) Organizations shall maintain adequate records to demonstrate that the determination of costs as being
allowable or unallowable pursuant to this section complies with the requirements of this Circular.
(4) Time logs, calendars, or similar records shall not be required to be created for purposes of complying with
this paragraph during any particular calendar month when: (1) the employee engages in lobbying (as
defined in subparagraphs (a) and (b)) 25 percent or less of the employee's compensated hours of
employment during that calendar month, and (2) within the preceding five-year period, the organization has
not materially misstated allowable or unallowable costs of any nature, including legislative lobbying costs.
When conditions (1) and (2) are met, organizations are not required to establish records to support the
allowability of claimed costs in addition to records already required or maintained. Also, when conditions
(1) and (2) are met, the absence of time logs, calendars, or similar records will not serve as a basis for
disallowing costs by contesting estimates of lobbying time spent by employees during a calendar month.
(5) Agencies shall establish procedures for resolving in advance, in consultation with OMB, any significant
questions or disagreements concerning the interpretation or application of this section. Any such advance
resolution shall be binding in any subsequent settlements, audits or investigations with respect to that grant
or contract for purposes of interpretation of this Circular; provided, however, that this shall not be
construed to prevent a contractor or grantee from contesting the lawfulness of such a determination.
Paragraph D.
Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an
employee or officer of the Executive Branch of the Federal Government to give consideration or to act
regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any
influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding
a federally sponsored agreement or regulatory matter on any basis other than the merits of the matter.
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Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT H
PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES
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
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and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension, and/or
debarment.
Certification 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.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT I
PERSON COUNTY
DEPARTMENT OF SOCIAL SERVICES
BUSINESS ASSOCIATE ADDENDUM
This Agreement is made effective the 1st day of July, 2019, by and between Person County
Department of Social Services (“Covered Entity”) and Joseph Weinberger, Jr., Attorney at Law
(“Business Associate”) (collectively the “Parties”).
1. BACKGROUND
a. Covered Entity and Business Associate are parties to a contract entitled Legal Services
Contract (the “Contract”), whereby Business Associate agrees to perform certain services for or
on behalf of Covered Entity.
b. Covered Entity is an organizational unit of Person County as the Person County Department
of Social Services (DSS) as a health care component for purposes of the HIPAA Privacy Rule.
c. The relationship between Covered Entity and Business Associate is such that the Parties
believe Business Associate is or may be a “business associate” within the meaning of the HIPAA
Privacy Rule.
d. The Parties enter into this Business Associate Addendum to the Contract with the intention of
complying with the HIPAA Privacy Rule provision that a covered entity may disclose protected
health information to a business associate, and may allow a business associate to create or
receive protected heath information on its behalf, if the covered entity obtains satisfactory
assurances that the business associate will appropriately safeguard the information.
2. DEFINITIONS
Unless some other meaning is clearly indicated by the context, the following terms shall have the
following meaning in this Agreement:
a. “HIPAA” means the Administrative Simplification Provisions, Sections 261 through 264, of
the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
b. “Individual” shall have the same meaning as the term “individual” in 45 CFR160.103 and
shall include a person who qualifies as a personal representative in accordance with 45 CFR
164.502(g).
c. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR part 160 and part 164, subparts A and E.
d. “Protected Health Information” shall have the same meaning as the term “protected health
information” in 45 CFR 160.103, limited to the information created or received by Business
Associate from or on behalf of Covered Entity.
e. “Required By Law” shall have the same meaning as the term “required by law” in 45 CFR
164.103.
f. “Secretary” shall mean the Secretary of the United States Department of Health and Human
Services or his designee.
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g. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning
as those terms have in the Privacy Rule.
3. OBLIGATIONS OF BUSINESS ASSOCIATE
a. Business Associate agrees to not use or disclose Protected Health Information other than as
permitted or required by this Agreement or as Required By Law.
b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the
Protected Health Information other than as provided for by this Agreement.
c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of Protected Health Information by Business
Associate in violation of the requirements of this Agreement.
d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected
Health Information not provided for by this Agreement of which it becomes aware.
e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from, or created or received by Business
Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply
through this Agreement to Business Associate with respect to such information.
f. Business Associate agrees to provide access, at the request of Covered Entity, to Protected
Health Information in a Designated Record Set to Covered Entity or, as directed by Covered
Entity, to an Individual in order to meet the requirements under 45 CFR 164.524.
g. Business Associate agrees, at the request of the Covered Entity, to make any amendment(s) to
Protected Health Information in a Designated Record Set that the Covered Entity directs or
agrees to pursuant to 45 CFR 164.526.
h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices,
books, and records, including policies and procedures and Protected Health Information, relating
to the use and disclosure of Protected Health Information received from, or created or received
by Business Associate on behalf of Covered Entity, available to the Covered Entity, or to the
Person County Department of Social Services, in a time and manner designated by the
Secretary, for purposes of determining Covered Entity's compliance with the Privacy Rule.
i. Business Associate agrees to document such disclosures of Protected Health Information and
information related to such disclosures as would be required for Covered Entity to respond to a
request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR 164.528, and to provide this information to Covered Entity or an
Individual to permit such a response.
4. PERMITTED USES AND DISCLOSURES
a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the
Contract permits, Business Associate may use or disclose Protected Health Information to
perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the
Contract, provided that such use or disclosure:
1) would not violate the Privacy Rule if done by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered
Entity.
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b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information as necessary for the
proper management and administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may disclose Protected Health Information for the proper
management and administration of the Business Associate, provided that:
1) disclosures are Required By Law; or
2) Business Associate obtains reasonable assurances from the person to whom the
information is disclosed that it will remain confidential and will be used or further
disclosed only as Required By Law or for the purpose for which it was disclosed to the
person, and the person notifies the Business Associate of any instances of which it is
aware in which the confidentiality of the information has been breached.
d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information to provide data
aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose
Protected Health Information if the use or disclosure would violate any term of the Contract or
other applicable law or agreements.
5. TERM AND TERMINATION
a. Term. This Agreement shall be effective as of the effective date stated above and shall
terminate when the Contract terminates.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business
Associate, Covered Entity may, at its option:
1) Provide an opportunity for Business Associate to cure the breach or end the violation,
and terminate this Agreement and services provided by Business Associate, to the extent
permissible by law, if Business Associate does not cure the breach or end the violation
within the time specified by Covered Entity;
2) Immediately terminate this Agreement and services provided by Business Associate,
to the extent permissible by law; or
3) If neither termination nor cure is feasible, report the violation to the Secretary as
provided in the Privacy Rule.
c. Effect of Termination.
1) Except as provided in paragraph (2) of this section or in the Contract or by other
applicable law or agreements, upon termination of this Agreement and services provided
by Business Associate, for any reason, Business Associate shall return or destroy all
Protected Health Information received from Covered Entity, or created or received by
Business Associate on behalf of Covered Entity. This provision shall apply to Protected
Health Information that is in the possession of subcontractors or agents of Business
Associate. Business Associate shall retain no copies of the Protected Health Information.
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2) In the event that Business Associate determines that returning or destroying the
Protected Health Information is not feasible, Business Associate shall provide to Covered
Entity notification of the conditions that make return or destruction not feasible. Business
Associate shall extend the protections of this Agreement to such Protected Health
Information and limit further uses and disclosures of such Protected Health Information
to those purposes that make the return or destruction infeasible, for so long as Business
Associate maintains such Protected Health Information.
6. GENERAL TERMS AND CONDITIONS
a. This Agreement amends and is part of the Contract.
b. Except as provided in this Agreement, all terms and conditions of the Contract shall remain in
force and shall apply to this Agreement as if set forth fully herein.
c. In the event of a conflict in terms between this Agreement and the Contract, the interpretation
that is in accordance with the Privacy Rule shall prevail. In the event that a conflict then
remains, the Contract terms shall prevail so long as they are in accordance with the Privacy Rule.
d. A breach of this Agreement by Business Associate shall be considered sufficient basis for
Covered Entity to terminate the Contract for cause.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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]
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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:
(a) He or she is a duly authorized representative of the Contractor named below;
(b) He or she is authorized to make, and does hereby make, the foregoing certifications on
behalf of the Contractor; and
(c) 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: Joseph Weinberger, Jr.
Signature of Contractor’s Authorized Agent
Date
Printed Name of Contractor’s Authorized Agent
Joseph Weinberger, Jr.
Title
Attorney at Law
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.
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Attachment N
Person County Department of Social Services
CERTIFICATION REGARDING NONDISCRIMINATION, CLEAN AIR ACT, CLEAN
WATER ACT
Certification Regarding Nondiscrimination
Joseph Weinberger, Jr. 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.
Joseph Weinberger, Jr. 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: Joseph Weinberger, Jr., 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).
Joseph Weinberger, Jr. 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: Joseph Weinberger, Jr. must also
ensure equal opportunity access for persons with disabilities. This includes ensuring that communications
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with applicants, participants, members of the public, and companions with disabilities are as effective as
communications with people without disabilities. Contractors that do not provide persons with disabilities
equal opportunity access to programs may risk violating prohibitions against disability discrimination 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
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conviction occurred, and if such facility is owned, leased, or supervised by such person. The
prohibition in preceding sentence shall continue until the Administrator certifies that the condition
giving rise to such conviction has been 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)).
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
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.
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Contract # 1007 Fiscal Year Begins July 1, 2019 Ends June 30, 2020
This contract is hereby entered into by and between the Person County Department of Social
Services (the "County") and Joseph Weinberger, Jr. (the "Contractor") (referred to collectively
as the “Parties”). The Contractor’s federal tax identification number is 56-153 8949.
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)
Federal Certification Regarding Drug-Free Workplace & Certification Regarding Nondiscrimination (Attachment C)
Conflict of Interest (Attachment D)
No Overdue Taxes (Attachment E)
Federal Certification Regarding Lobbying (Attachment G)
Federal Certification Regarding Debarment (Attachment H)
HIPAA Business Associate Addendum (Attachment I)
State Certification (Attachment M)
Certification Regarding Nondiscrimination, Clean Air Act, Clean Water (Attachment N)
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 July 1, 2019 and shall terminate on
June 30, 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 1,000 hours
collectively for all attorneys under contract. Rate of compensation for Secondary Attorney
Joseph Weinberger, Jr. is $75 per hour.
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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 Joseph Weinberger, Jr., Attorney
P.O. Box 770 P.O. Box 1215
355B South Madison Boulevard 114 North Main Street
Roxboro, NC 27573 Roxboro, NC 27573
(336) 599-8361 (336) 599-4959
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.
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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.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
PERSON COUNTY
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners 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
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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.
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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.
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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.
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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.
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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.
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ATTACHMENT B – Scope of Work Federal Tax Id. 56-153 8949
STATE OF NORTH CAROLINA )
)
) CONTRACT FOR LEGAL SERVICES
)
COUNTY OF Person )
THIS CONTRACT made and entered into this the 1st day of July, 2019, by and
between the Person County Commissioners, party of the first part, and Joseph
Weinberger, Jr., Attorney, party of the second part;
W I T N E S S E T H :
The parties hereby agree that the party of the second part shall provide legal
services to the party of the first part pursuant to the following mutual covenants:
1. This Contract shall begin July 1, 2019, and unless sooner terminated by 30
days’ notice of either party shall exist and continue through June 30, 2020.
2. Said party of the second part, upon reasonable notice, is to be available for
consultation, legal advice and for representation as requested by the Child Support
Enforcement Agency on all legal matters arising from the duties of the party of the first
part under Sections 128 through 140 of Chapter 110 of the North Carolina General
Statutes and Title 42 of the United States Code, Sections 651 through 660 and the
federal regulations lawfully promulgated pursuant thereto.
3. Said party of the second part, agrees to comply with all the requirements of
Sections 128 through 140 of Chapter 110 of the North Carolina General Statutes, Title
42 of the United States Code, Sections 651 through 660, and the regulations
promulgated pursuant thereto relating to the performance of program legal services
including, but not limited to, maintaining such records as are required by the party of the
first part, to make said records available for federal or state audit if required, and to
make financial, statistical, and program progress reports as are required.
4. For his services under this contract, the party of the first part agrees to pay
the party of the second part seventy-five dollars ($75.00) per hour for out of court time
and seventy-five dollars ($75.00) per hour for in court time for each hour spent by the
party of the second part providing legal services under the Child Support Enforcement
Program. Such hourly rate shall encompass all expenses, including, but not limited to,
those for salary, supplies, office space, heating and maintenance for office space,
telephone service, long-distance telephone calls, and travel. The party of the second
part is not to be reimbursed for any extraordinary expense incident to performing the
services included under this agreement; except, that the party of the first part agrees to
pay all court costs and filing fees which are required to be paid in conjunction with
services provided by the attorney under this agreement.
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5. It is specifically agreed that the party of the second part is an independent
contractor and the party of the second part shall perform the services herein provided
according to his own judgment and method and shall not be subject to the control of the
party of the first part except as to the result of his work.
6. The party of the second part shall not under any circumstance be considered
an employee of the party of the first part. The party of the first part shall not withhold
federal or state taxes from sums to be paid to the party of the second part pursuant to
this agreement.
IN TESTIMONY WHEREOF, said parties have executed this contract in triplicate
originals, one of which is to be retained by the party of the first part, one of which is to
be retained by the parties of the second part, and one of which is to be filed with Child
Support Enforcement Section, Division of Social Services of the Department of Human
Resources, Raleigh, North Carolina.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
AND CERTIFICATION REGARDING NONDISCRIMINATION
Person County Department of Social Services
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
(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).
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The site(s) for the performance of work done in connection with the specific agreement are
listed below:
114 North Main Street, 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.
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.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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.
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
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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
Joseph Weinberger, Jr.
_________________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
I, __________________________, a Notary Public of said County and State do hereby certify that Joseph Weinberger,
Jr., Attorney at Law, 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 ______________________, 2019.
___________________________
Notary Public
My Commission expires: __________________
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ATTACHMENT E – OVERDUE TAXES
Joe Weinberger, Jr.
Attorney and Counselor at Law
ll4 NORTH MAIN STREET
P.O. BOX l2l5
ROXBORO, NORTH CAROLINA 27573
JOE WEINBERGER, JR. TELEPHONE
336-599-2239
FAX 336-599-2239
E-MAIL wein@osinc.net
______________, 2019
To: Person County Department of Social Services
Certification:
I, Joseph Weinberger, Jr., 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, Joseph Weinberger, Jr., 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.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
NORTH CAROLINA
PERSON COUNTY
Sworn to and subscribed before me this _________ day of ______________________, 2019.
___________________________
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.”
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ATTACHMENT G
Person County Department of Social Services
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned 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 Federal, state or local
government agency, a Member of Congress, a Member of the General Assembly, an officer or employee of
Congress, an officer or employee of the General Assembly, an employee of a Member of Congress, or an
employee of a Member of the General Assembly in connection with the awarding of any Federal or state
contract, the making of any Federal or state grant, the making of any Federal or state loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state 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 Federal, state or local government
agency, a Member of Congress, a Member of the General Assembly, an officer or employee of Congress,
an officer or employee of the General Assembly, an employee of a Member of Congress, or an employee of
a Member of the General Assembly in connection with the awarding of any Federal or state contract, the
making of any Federal or state grant, the making of any Federal or state loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal or state contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) 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 and not more than $100,000 for each
such failure.
Notwithstanding other provisions of federal OMB Circulars-CFR Title 2, Grants and Agreements, Part 200, costs
associated with the following activities are unallowable:
Paragraph A.
(1) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or
similar procedure, through in kind or cash contributions, endorsements, publicity, or similar activity;
(2) Establishing, administering, contributing to, or paying the expenses of a political party, campaign, political
action committee, or other organization established for the purpose of influencing the outcomes of
elections;
(3) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation through communication with any member or
employee of the Congress or State legislature (including efforts to influence State or local officials to
engage in similar lobbying activity), or with any Government official or employee in connection with a
decision to sign or veto enrolled legislation;
(4) Any attempt to influence: (i) The introduction of Federal or State legislation; or (ii) the enactment or
modification of any pending Federal or State legislation by preparing, distributing or using publicity or
propaganda, or by urging members of the general public or any segment thereof to contribute to or
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participate in any mass demonstration, march, rally, fundraising drive, lobbying campaign or letter writing
or telephone campaign; or
(5) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering
information regarding legislation, and analyzing the effect of legislation, when such activities are carried on
in support of or in knowing preparation for an effort to engage in unallowable lobbying.
The following activities as enumerated in Paragraph B are excepted from the coverage of Paragraph A:
Paragraph B.
(1) Providing a technical and factual presentation of information on a topic directly related to the performance
of a grant, contract or other agreement through hearing testimony, statements or letters to the Congress or a
State legislature, or subdivision, member, or cognizant staff member thereof, in response to a documented
request (including a Congressional Record notice requesting testimony or statements for the record at a
regularly scheduled hearing) made by the recipient member, legislative body or subdivision, or a cognizant
staff member thereof; provided such information is readily obtainable and can be readily put in deliverable
form; and further provided that costs under this section for travel, lodging or meals are unallowable unless
incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written request for
such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommittee
conducting such hearing.
(2) Any lobbying made unallowable by subparagraph A (3) to influence State legislation in order to directly
reduce the cost, or to avoid material impairment of the organization's authority to perform the grant,
contract, or other agreement.
(3) Any activity specifically authorized by statute to be undertaken with funds from the grant, contract, or other
agreement.
Paragraph C.
(1) When an organization seeks reimbursement for indirect costs, total lobbying costs shall be separately
identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs in
accordance with the procedures of subparagraph B.(3).
(2) Organizations shall submit, as part of the annual indirect cost rate proposal, a certification that the
requirements and standards of this paragraph have been complied with.
(3) Organizations shall maintain adequate records to demonstrate that the determination of costs as being
allowable or unallowable pursuant to this section complies with the requirements of this Circular.
(4) Time logs, calendars, or similar records shall not be required to be created for purposes of complying with
this paragraph during any particular calendar month when: (1) the employee engages in lobbying (as
defined in subparagraphs (a) and (b)) 25 percent or less of the employee's compensated hours of
employment during that calendar month, and (2) within the preceding five-year period, the organization has
not materially misstated allowable or unallowable costs of any nature, including legislative lobbying costs.
When conditions (1) and (2) are met, organizations are not required to establish records to support the
allowability of claimed costs in addition to records already required or maintained. Also, when conditions
(1) and (2) are met, the absence of time logs, calendars, or similar records will not serve as a basis for
disallowing costs by contesting estimates of lobbying time spent by employees during a calendar month.
(5) Agencies shall establish procedures for resolving in advance, in consultation with OMB, any significant
questions or disagreements concerning the interpretation or application of this section. Any such advance
resolution shall be binding in any subsequent settlements, audits or investigations with respect to that grant
or contract for purposes of interpretation of this Circular; provided, however, that this shall not be
construed to prevent a contractor or grantee from contesting the lawfulness of such a determination.
Paragraph D.
Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an
employee or officer of the Executive Branch of the Federal Government to give consideration or to act
regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any
influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding
a federally sponsored agreement or regulatory matter on any basis other than the merits of the matter.
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Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT H
PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES
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
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and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension, and/or
debarment.
Certification 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.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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ATTACHMENT I
PERSON COUNTY
DEPARTMENT OF SOCIAL SERVICES
BUSINESS ASSOCIATE ADDENDUM
This Agreement is made effective the 1st day of July, 2019, by and between Person County
Department of Social Services (“Covered Entity”) and Joseph Weinberger, Jr., Attorney at Law
(“Business Associate”) (collectively the “Parties”).
1. BACKGROUND
a. Covered Entity and Business Associate are parties to a contract entitled Legal Services
Contract (the “Contract”), whereby Business Associate agrees to perform certain services for or
on behalf of Covered Entity.
b. Covered Entity is an organizational unit of Person County as the Person County Department
of Social Services (DSS) as a health care component for purposes of the HIPAA Privacy Rule.
c. The relationship between Covered Entity and Business Associate is such that the Parties
believe Business Associate is or may be a “business associate” within the meaning of the HIPAA
Privacy Rule.
d. The Parties enter into this Business Associate Addendum to the Contract with the intention of
complying with the HIPAA Privacy Rule provision that a covered entity may disclose protected
health information to a business associate, and may allow a business associate to create or
receive protected heath information on its behalf, if the covered entity obtains satisfactory
assurances that the business associate will appropriately safeguard the information.
2. DEFINITIONS
Unless some other meaning is clearly indicated by the context, the following terms shall have the
following meaning in this Agreement:
a. “HIPAA” means the Administrative Simplification Provisions, Sections 261 through 264, of
the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
b. “Individual” shall have the same meaning as the term “individual” in 45 CFR160.103 and
shall include a person who qualifies as a personal representative in accordance with 45 CFR
164.502(g).
c. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR part 160 and part 164, subparts A and E.
d. “Protected Health Information” shall have the same meaning as the term “protected health
information” in 45 CFR 160.103, limited to the information created or received by Business
Associate from or on behalf of Covered Entity.
e. “Required By Law” shall have the same meaning as the term “required by law” in 45 CFR
164.103.
f. “Secretary” shall mean the Secretary of the United States Department of Health and Human
Services or his designee.
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g. Unless otherwise defined in this Agreement, terms used herein shall have the same meaning
as those terms have in the Privacy Rule.
3. OBLIGATIONS OF BUSINESS ASSOCIATE
a. Business Associate agrees to not use or disclose Protected Health Information other than as
permitted or required by this Agreement or as Required By Law.
b. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the
Protected Health Information other than as provided for by this Agreement.
c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of Protected Health Information by Business
Associate in violation of the requirements of this Agreement.
d. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected
Health Information not provided for by this Agreement of which it becomes aware.
e. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from, or created or received by Business
Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply
through this Agreement to Business Associate with respect to such information.
f. Business Associate agrees to provide access, at the request of Covered Entity, to Protected
Health Information in a Designated Record Set to Covered Entity or, as directed by Covered
Entity, to an Individual in order to meet the requirements under 45 CFR 164.524.
g. Business Associate agrees, at the request of the Covered Entity, to make any amendment(s) to
Protected Health Information in a Designated Record Set that the Covered Entity directs or
agrees to pursuant to 45 CFR 164.526.
h. Unless otherwise prohibited by law, Business Associate agrees to make internal practices,
books, and records, including policies and procedures and Protected Health Information, relating
to the use and disclosure of Protected Health Information received from, or created or received
by Business Associate on behalf of Covered Entity, available to the Covered Entity, or to the
Person County Department of Social Services, in a time and manner designated by the
Secretary, for purposes of determining Covered Entity's compliance with the Privacy Rule.
i. Business Associate agrees to document such disclosures of Protected Health Information and
information related to such disclosures as would be required for Covered Entity to respond to a
request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR 164.528, and to provide this information to Covered Entity or an
Individual to permit such a response.
4. PERMITTED USES AND DISCLOSURES
a. Except as otherwise limited in this Agreement or by other applicable law or agreement, if the
Contract permits, Business Associate may use or disclose Protected Health Information to
perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the
Contract, provided that such use or disclosure:
1) would not violate the Privacy Rule if done by Covered Entity; or
2) would not violate the minimum necessary policies and procedures of the Covered
Entity.
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b. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information as necessary for the
proper management and administration of the Business Associate or to carry out the legal
responsibilities of the Business Associate.
c. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may disclose Protected Health Information for the proper
management and administration of the Business Associate, provided that:
1) disclosures are Required By Law; or
2) Business Associate obtains reasonable assurances from the person to whom the
information is disclosed that it will remain confidential and will be used or further
disclosed only as Required By Law or for the purpose for which it was disclosed to the
person, and the person notifies the Business Associate of any instances of which it is
aware in which the confidentiality of the information has been breached.
d. Except as otherwise limited in this Agreement or by other applicable law or agreements, if the
Contract permits, Business Associate may use Protected Health Information to provide data
aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B).
e. Notwithstanding the foregoing provisions, Business Associate may not use or disclose
Protected Health Information if the use or disclosure would violate any term of the Contract or
other applicable law or agreements.
5. TERM AND TERMINATION
a. Term. This Agreement shall be effective as of the effective date stated above and shall
terminate when the Contract terminates.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business
Associate, Covered Entity may, at its option:
1) Provide an opportunity for Business Associate to cure the breach or end the violation,
and terminate this Agreement and services provided by Business Associate, to the extent
permissible by law, if Business Associate does not cure the breach or end the violation
within the time specified by Covered Entity;
2) Immediately terminate this Agreement and services provided by Business Associate,
to the extent permissible by law; or
3) If neither termination nor cure is feasible, report the violation to the Secretary as
provided in the Privacy Rule.
c. Effect of Termination.
1) Except as provided in paragraph (2) of this section or in the Contract or by other
applicable law or agreements, upon termination of this Agreement and services provided
by Business Associate, for any reason, Business Associate shall return or destroy all
Protected Health Information received from Covered Entity, or created or received by
Business Associate on behalf of Covered Entity. This provision shall apply to Protected
Health Information that is in the possession of subcontractors or agents of Business
Associate. Business Associate shall retain no copies of the Protected Health Information.
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2) In the event that Business Associate determines that returning or destroying the
Protected Health Information is not feasible, Business Associate shall provide to Covered
Entity notification of the conditions that make return or destruction not feasible. Business
Associate shall extend the protections of this Agreement to such Protected Health
Information and limit further uses and disclosures of such Protected Health Information
to those purposes that make the return or destruction infeasible, for so long as Business
Associate maintains such Protected Health Information.
6. GENERAL TERMS AND CONDITIONS
a. This Agreement amends and is part of the Contract.
b. Except as provided in this Agreement, all terms and conditions of the Contract shall remain in
force and shall apply to this Agreement as if set forth fully herein.
c. In the event of a conflict in terms between this Agreement and the Contract, the interpretation
that is in accordance with the Privacy Rule shall prevail. In the event that a conflict then
remains, the Contract terms shall prevail so long as they are in accordance with the Privacy Rule.
d. A breach of this Agreement by Business Associate shall be considered sufficient basis for
Covered Entity to terminate the Contract for cause.
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
Signature Date
David B. Newell, Sr.
____________________________ _________________________
Chairman, County Commissioners Date
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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]
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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:
(a) He or she is a duly authorized representative of the Contractor named below;
(b) He or she is authorized to make, and does hereby make, the foregoing certifications on
behalf of the Contractor; and
(c) 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: Joseph Weinberger, Jr.
Signature of Contractor’s Authorized Agent
Date
Printed Name of Contractor’s Authorized Agent
Joseph Weinberger, Jr.
Title
Attorney at Law
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.
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Attachment N
Person County Department of Social Services
CERTIFICATION REGARDING NONDISCRIMINATION, CLEAN AIR ACT, CLEAN
WATER ACT
Certification Regarding Nondiscrimination
Joseph Weinberger, Jr. 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.
Joseph Weinberger, Jr. 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: Joseph Weinberger, Jr., 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).
Joseph Weinberger, Jr. 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: Joseph Weinberger, Jr. must also
ensure equal opportunity access for persons with disabilities. This includes ensuring that communications
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with applicants, participants, members of the public, and companions with disabilities are as effective as
communications with people without disabilities. Contractors that do not provide persons with disabilities
equal opportunity access to programs may risk violating prohibitions against disability discrimination 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
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conviction occurred, and if such facility is owned, leased, or supervised by such person. The
prohibition in preceding sentence shall continue until the Administrator certifies that the condition
giving rise to such conviction has been 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)).
Joseph Weinberger, Jr., Attorney At Law
____________________________ _________________________
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.
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AGENDA ABSTRACT
Meeting Date: July 22, 2019
Agenda Title: Tax Adjustments for July 2019
Summary of Information: Attached please find the tax releases and motor vehicle pending
refunds:
1. July 2019 tax releases.
2. July 2019 North Carolina Vehicle Tax System (NCVTS) pending refunds.
Recommended Action: Motion to accept reports and authorize refunds.
Submitted By: Russell Jones, Tax Administrator
245
NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT
2696202 2018-33617 DY: PERSONAL PROPERTY MP 5/16/2019 1:43:39 PM
CRAWLEY CALVIN
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 4,292.00 30.04
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 4,292.00 3.00
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 4,292.00 28.76
LISTING ADJUSTED PERSONAL PROPERTY CI50PEN FEE 4,292.00 2.88
LISTING ADJUSTED PERSONAL PROPERTY C GARNFEE 4,292.00 30.00
LOT VACANT TOTAL RELEASES:94.68
201850013100 2018-500131 DY:17 PERSONAL PROPERTY RH 5/23/2019 10:45:04 AM
WARREN CAROLYN FESPERMAN
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 12,450.00 94.12
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 12,450.00 90.09
NO GAP TOTAL RELEASES:184.21
65706201 2018-40395 DY: PERSONAL PROPERTY MP 5/29/2019 1:45:24 PM
SHANNON CHARLES RAY
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 1,081.00 7.57
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 1,081.00 0.76
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 1,081.00 7.24
LISTING ADJUSTED PERSONAL PROPERTY CI50PEN FEE 1,081.00 0.72
OUT OF STATE SINCE 2017 TOTAL RELEASES:16.29
18234101 2018-41613 DY: PERSONAL PROPERTY RH 5/30/2019 3:42:21 PM
A SENSATIONAL START
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 2,500.00 17.50
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 2,500.00 1.75
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 2,500.00 0.25
LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 2,500.00 0.03
LISTING ADJUSTED PERSONAL PROPERTY C GARNFEE 2,500.00 30.00
BUSINESS CLOSED 6/2017 TOTAL RELEASES:49.53
8966301 2018-28505 DY: PERSONAL PROPERTY MP 6/18/2019 3:25:03 PM
NORRIS RONALD ARTHUR
DOUBLE CHARGED C ADVLTAX 6,405.00 44.84
DOUBLE CHARGED FIREADVLTAX 6,405.00 0.64
LISTED TWICE TOTAL RELEASES:45.48
66720801 2018-70050 DY: PERSONAL PROPERTY SRJ 6/25/2019 10:19:25 AM
HEIRLOOM A POPPA PAUL KITCHEN
NO LONGER SELLING ABC C BEONFEE 0.00 25.00
NO LONGER SELLING ABC C WIONFEE 0.00 25.00
NO LONGER IN BUSINESS TOTAL RELEASES:50.00
67001801 2018-70107 DY: PERSONAL PROPERTY SRJ 6/25/2019 10:20:04 AM
TRANGS MINI MART AND GRILL
NO LONGER SELLING ABC C BEONFEE 0.00 25.00
NO LONGER SELLING ABC C WIONFEE 0.00 25.00
NO LONGER IN BUSINESS TOTAL RELEASES:50.00
NET RELEASES PRINTED:490.19
TOTAL TAXES RELEASED 490.19
RUN DATE: 7/12/2019 3:50 PM July Releases
Person County
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C ADVLTAX - County Tax
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2017 0 12,450 12,450 0.00 94.12 0 0.00 12,450 94.12
2018 2018 0 14,278 14,278 0.00 99.95 0 0.00 14,278 99.95
DIST TOTAL 0 26,728 26,728 0.00 194.07 0 0.00 26,728 194.07
C BEONFEE - BEER ON PREMISES
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 0 0 0.00 50.00 0 0.00 0 50.00
DIST TOTAL 0 0 0 0.00 50.00 0 0.00 0 50.00
C GARNFEE - GARNISHMENT FEE
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 6,792 6,792 0.00 60.00 0 0.00 6,792 60.00
DIST TOTAL 0 6,792 6,792 0.00 60.00 0 0.00 6,792 60.00
C PEN FEE - County Late List
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 7,873 7,873 0.00 5.51 0 0.00 7,873 5.51
DIST TOTAL 0 7,873 7,873 0.00 5.51 0 0.00 7,873 5.51
C WIONFEE - WINE ON PREMISES
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 0 0 0.00 50.00 0 0.00 0 50.00
DIST TOTAL 0 0 0 0.00 50.00 0 0.00 0 50.00
CI50ADVLTAX - City of Roxboro
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2017 0 12,450 12,450 0.00 90.09 0 0.00 12,450 90.09
2018 2018 0 5,373 5,373 0.00 36.00 0 0.00 5,373 36.00
DIST TOTAL 0 17,823 17,823 0.00 126.09 0 0.00 17,823 126.09
CI50PEN FEE - CI50PEN FEE
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 5,373 5,373 0.00 3.60 0 0.00 5,373 3.60
DIST TOTAL 0 5,373 5,373 0.00 3.60 0 0.00 5,373 3.60
FIREADVLTAX - Fire District Tax
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 8,905 8,905 0.00 0.89 0 0.00 8,905 0.89
DIST TOTAL 0 8,905 8,905 0.00 0.89 0 0.00 8,905 0.89
FIREPEN FEE - Fire LateList
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 2,500 2,500 0.00 0.03 0 0.00 2,500 0.03
DIST TOTAL 0 2,500 2,500 0.00 0.03 0 0.00 2,500 0.03
GRAND TOTALS:0 75,994 75,994 0.00 490.19 0 0.00 75,994 490.19
RUN DATE: 7/12/2019 3:50 PM July Releases
Person County
247
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax ($4.78)60 Tax ($0.07)$4.8501 Tax ($13.47)60 Tax ($0.19)$13.6601 Tax ($4.48)60 Tax ($0.06)$4.5401 Tax ($79.83)$79.8301 Tax ($20.78)60 Tax ($0.30)$21.0801 Tax ($42.22)60 Tax ($0.60)$42.8201 Tax ($111.14)60 Tax ($1.59)$112.7301 Tax ($41.59)50 Tax ($39.81)50 Vehicle Fee$0.00$81.4001 Tax ($3.76)50 Tax ($3.59)50 Vehicle Fee$0.00$7.3501 Tax $0.0050 Tax ($73.97)50 Vehicle Fee($20.00)60 Tax $1.10$92.87COOPER, CHARLES WILLIAM III CEDAR GROVE, NC 27231 Adjustment < $100Situs error 06/26/2019CLAYTON, TERRY WAYNE ROXBORO, NC 27573 Proration Tag Surrender06/28/2019CARVER, ROBERT THURSTON ROXBORO, NC 27573 Proration Vehicle Totalled06/19/2019BUTNER, BRYSON CARTER TIMBERLAKE, NC 27583 Proration Vehicle Sold 06/05/2019BUFFALO LANDSCAPE MANAGEMENT INC HURDLE MILLS, NC 27541 Proration Vehicle Sold 06/20/2019BUFFALO LANDSCAPE MANAGEMENT INC HURDLE MILLS, NC 27541 Proration Vehicle Sold 06/25/2019BUFFALO LANDSCAPE MANAGEMENT INC HURDLE MILLS, NC 27541 Proration Vehicle Sold 06/20/2019BLACKWELL, KENNETH DEVON HURDLE MILLS, NC 27541 Proration Vehicle Sold 06/14/2019BAINES, HENRY LAWRENCE ROXBORO, NC 27574 Proration Vehicle Sold 06/24/2019Vehicle Sold 06/24/2019 ROXBORO, NC 27574 ProrationBAINES, HENRY LAWRENCE248
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax ($8.17)50 Tax ($7.82)50 Vehicle Fee$0.00$15.9901 Tax ($99.54)60 Tax ($1.42)$100.9601 Tax ($50.47)60 Tax ($0.72)$51.1901 Tax ($39.43)60 Tax ($0.57)$40.0001 Tax ($7.77)60 Tax ($0.11)$7.8801 Tax ($42.42)50 Tax ($40.60)$83.0201 Tax ($68.25)60 Tax ($0.97)$69.2201 Tax ($35.99)50 Tax ($34.45)50 Vehicle Fee$0.00$70.4401 Tax ($27.72)$27.7201 Tax ($57.42)$57.4201 Tax ($2.86)60 Tax ($0.04)$2.90HONEYCUTT, LARRY ARNOLD ROXBORO, NC 27574 Adjustment < $100SLVG or RBLT TTL06/27/2019HILL, TERRY LYNN HURDLE MILLS, NC 27541 Proration Vehicle Sold 05/21/2019HILL, CHRISTOPHER WALLACE TIMBERLAKE, NC 27583 Proration Vehicle Sold 06/04/2019HAWKINS, CHRISTOPHER WAYNE ROXBORO, NC 27573 Proration Vehicle Totalled06/12/2019HARRIS, BEVERLY RUFFIN ROXBORO, NC 27574 Proration Vehicle Totalled06/03/2019GENTRY, LEE HEIDI ROXBORO, NC 27573 Adjustment < $100Over Assessment06/11/2019FRANKS, NORMAN DANIEL TIMBERLAKE, NC 27583 Adjustment < $100Over Assessment05/17/2019FERRY, TODD ALLEN TIMBERLAKE, NC 27583 Proration Vehicle Sold 05/20/2019EPLING, JUANITA PURYEAR ROXBORO, NC 27573 Proration Reg . Out of state05/30/2019EMMERT, MARCUS LONG ROXBORO, NC 27574 Proration Vehicle Sold 06/26/2019DAVIS, BERTA LOU ROXBORO, NC 27573 Proration Vehicle Totalled06/04/2019249
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax ($40.72)60 Tax ($0.58)$41.3001 Tax ($157.13)60 Tax ($2.24)$159.3701 Tax ($31.85)60 Tax ($0.45)$32.3001 Tax ($53.61)50 Tax ($51.31)50 Vehicle Fee$0.00$104.9201 Tax ($10.11)$10.1101 Tax ($42.77)60 Tax ($0.61)$43.3801 Tax ($10.15)$10.1501 Tax ($60.49)60 Tax ($0.86)$61.3501 Tax ($224.52)60 Tax ($3.21)$227.7301 Tax ($9.73)$9.7301 Tax ($99.05)60 Tax ($1.42)$100.4701 Tax ($26.25)60 Tax ($0.38)$26.63PORTERFIELD, BOBBY LEE HURDLE MILLS, NC 27541 Proration Vehicle Sold 06/11/2019PERKINS, WILLIAM GARY ROXBORO, NC 27573 Proration Vehicle Sold 06/04/2019OAKES, ROBERT RON ROXBORO, NC 27574 Adjustment < $100Over Assessment06/05/2019MCKINNEY, DEBORAH SMITH TIMBERLAKE, NC 27583 Proration Reg . Out of state05/16/2019MCKINNEY, DAVID HENRY TIMBERLAKE, NC 27583 Proration Reg . Out of state05/16/2019MCKINNEY, DAVID HENRY TIMBERLAKE, NC 27583 Proration Reg . Out of state05/16/2019MAY, JOHN MARVIN TIMBERLAKE, NC 27583 Proration Vehicle Sold 06/07/2019LONG, WINFRED EARL HURDLE MILLS, NC 27541 Proration Vehicle Sold 05/16/2019LINVILLE, PEGGY WILKINS ROXBORO, NC 27573 Proration Vehicle Sold 06/03/2019LAWS, PHILLIP MICHAEL RALEIGH, NC 27614 Proration Vehicle Sold 06/24/2019JORDAN, MARCUS DALE JR HURDLE MILLS, NC 27541 Proration Vehicle Sold 06/10/2019JACKSON, RONNIE MCCRAY TIMBERLAKE, NC 27583 Proration Vehicle Sold 06/20/2019250
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax ($1.46)60 Tax ($0.02)$1.4801 Tax ($2.46)60 Tax ($0.03)$2.4901 Tax $0.0050 Tax ($126.33)50 Vehicle Fee($20.00)60 Tax $1.88$144.4501 Tax ($40.37)50 Tax ($38.64)50 Vehicle Fee$0.00$79.0101 Tax ($4.96)$4.9601 Tax ($88.26)60 Tax ($1.26)$89.5201 Tax ($60.90)60 Tax ($0.87)$61.7701 Tax ($6.65)60 Tax ($0.09)$6.7401 Tax ($50.27)60 Tax ($0.72)$50.9901 Tax ($12.48)60 Tax ($0.18)$12.6601 Tax ($33.61)60 Tax ($0.47)$34.08SWANN, PATRICIA BURTON TIMBERLAKE, NC 27583 Proration Vehicle Totalled06/20/2019SUMNER, JONATHAN ANDREW II ROXBORO, NC 27574 Proration Vehicle Sold 05/20/2019SLINGLUFF, KAREN ANN PITTSBORO, NC 27312 Adjustment < $100Situs error 06/17/2019SHORES, TABATHA DAWN SEMORA, NC 27343 Proration Vehicle Totalled05/31/2019SHAW, BRIDGET CLAYTON TIMBERLAKE, NC 27583 Proration Vehicle Sold 05/16/2019ROYSTER, CAROLYN JEAN ROXBORO, NC 27573 Proration Vehicle Sold 06/14/2019ROYSTER, CAROLYN JEAN ROXBORO, NC 27573 Proration Vehicle Sold 06/14/2019ROGERS, SABRINA FRANCINE ROXBORO, NC 27573 Proration Insurance Lapse06/28/2019RILEY, TIFFANY DELAINE TIMBERLAKE, NC 27583 Adjustment >= $100Situs error 06/17/2019RIDDLE, JOSEPH ADAM TIMBERLAKE, NC 27583 Proration Vehicle Totalled06/17/2019POWELL, JOSEPH DAVID TIMBERLAKE, NC 27583 Proration Vehicle Sold 06/26/2019251
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change01 Tax ($220.50)60 Tax ($3.15)$223.6501 Tax ($132.79)60 Tax ($1.90)$134.6901 Tax ($16.52)60 Tax ($0.23)$16.75WILLETT, MARK TODD ROUGEMONT, NC 27572 Proration Vehicle Sold 06/07/2019WEST, RONNIE TERRY ROXBORO, NC 27574 Proration Vehicle Totalled05/15/2019WALKER, CALE LEE ROXBORO, NC 27574 Proration Vehicle Sold 06/12/2019252
AGENDA ABSTRACT
Meeting Date: July 22, 2019
Agenda Title: Tax Collector Settlement
Summary of Information: As required by G.S. 105-373(a)(3), an annual settlement for taxes
for the current fiscal year and all previous years must be made with the governing body of the
taxing unit. The settlement report is attached.
Recommended Action: Motion to accept report.
Submitted By: Russell Jones, Tax Administrator
253
2018Tax CollectorSettlement254
Introduction:Per N.C. General Statute 105‐373 the Tax Collector must make a report of settlement for the fiscal Year 2018‐2019 and prior years.255
2018 County LevyReal/Personal PropertyTotal Billed Actual Collections Uncollected % Collected$23,510,913.96 $23,141,545.27 $369,368.6998.43%Public ServiceTotal Billed Actual Collections Uncollected % Collected$6,143,129.09 $6,143,129.09 $.00 100.00%Motor VehiclesTotal Billed Actual Collections Uncollected % Collected$2,831,921.41 $2,828,180.65 $3,740.76 99.87%256
Total 2018 County LevyCombined CollectionsTotal Billed Actual Collections Uncollected % Collected$32,485,964.46 $32,112,855.01 $373,109.45 98.85%Total 2018 County Levy‐AdjustedCombined CollectionsTotal Billed Actual Collections Uncollected % Collected$32,459,340.94 $32,112,855.01 $346,485.93 98.93%257
5 Year Comparison By CategoryReal/Personal Property6/30/2019 6/30/2018 6/30/2017 6/30/2016 6/30/201598.43% 98.37% 98.39% 98.50% 98.25%Public Service6/30/2019 6/30/2018 6/30/2017 6/30/2016 6/30/2015100.00% 100.00% 100.00% 100.00% 100.00%Motor Vehicles6/30/2019 6/30/2018 6/30/2017 6/30/2016 6/30/201599.87% 99.90 % 99.85 % 99.83 % 99.93 %258
5 Year Comparison Overall Collection Rate6/30/2019 6/30/2018 6/30/2017 6/30/2016 6/30/201598.85% 98.81% 98.74% 98.90% 98.69%259
Collections Tools UsedDelinquent Notices Mailed out in January and May each yearAdvertising Listed in newspaper early MarchGarnishments Instructs employer to withhold/submit 10% of gross wagesAttachment Instructs bank to withdraw available funds to pay taxesEscheats Also known as NCCashDebt SetoffFor debts over $50/submitted against NC Tax Refunds & Lottery WinningsPayment Arrangements Many taxpayers, especially those with fixed income, make payments even before bills are mailedForeclosureResults in the sale of property at public action260
Other CollectionsPre‐Payment Collection Fees Stormwater/Interest$142,017.36 $62,221.92 $280,726.11Prior Year Taxes Animal Taxes Fire Tax/Interest$382,011.93 $15,953.52 $353,702.04County Interest Gross Receipts Copy Fees$126,882.32 $15,595.32 $444.12Late Listing Beer License City$15,709.55 $2,465.00 $4,445,404.17Grand total for all taxes & fees ‐ $35,046,049.30261
11thYear Insolvents‐20082008 County TaxesOriginal Levy Balance %Real Estate/Other$24,895,375.32 $3,976.95 99.98%Vehicle $2,143,908.73 $7,707.66 99.64%Final Collection Rate Overall $27,039,284.05 $11,684.61 99.96%262
Other Tax Office ItemsDeceased Owners 288 bills with a 2018 amount due of $70,080Important Tax Dates Mailed new notices to help citizens understand tax requirements, deadlines, and assistance programsGap Billing Created 1,956 new bills, county taxes due of $30,836.76, collected $22,282.92, or just over 72%.New software Finalized the mobile version of Bi‐Tek in order to place technology in the field.Fire Tax Successfully implemented and collected the first year of this new tax with a collection rate of 98.91%.2021 Revaluation Field work has started and qualified sales are being used to develop values.263
AGENDA ABSTRACT
Meeting Date: July 22, 2019
Agenda Title: Order to Collect Taxes
Summary of Information: As required by G.S. 105-321, the governing board of the taxing
unit must issue an order of collection to tax collectors. This gives the tax collector legal
authority to collect taxes. The order is attached.
Recommended Action: Motion to direct Tax Collector to collect taxes for 2019 and
all delinquent taxes from prior years.
Submitted By: Russell Jones, Tax Administrator
264
County of Person
To the Tax Collector of the County of Person:
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax
records filed in the office of Person County Tax Office and in the tax receipts herewith delivered
to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby
declared to be a first lien upon all real property of the respective taxpayers in the County of
Person, and this order shall be a full and sufficient authority to direct, require, and enable you to
levy on and sell any real or personal property of such taxpayers, for and on account thereof, in
accordance with law.
Witness my hand and official seal, this 22nd day of July, 2019.
_________________________________________________
David B. Newell, Sr., Chairman
Board of Commissioners of Person County
Attest:
_________________________________________________
Brenda B. Reaves, Clerk to the Board
265
AGENDA ABSTRACT
Meeting Date: July 22, 2019
Agenda Title: Resolution Waiving Competitive Bidding Requirements under NC
General Statute 143-129(g) and Approval of Contract for Purchase of Permitting Software
Summary of Information: Funding for the purchase of new permitting software was approved
in the Fiscal Year 2020 Capital Improvement Plan. This software will be used by Planning and
Zoning, Inspections, GIS, and Environmental Health. Under NCGS 143-129(g), the county may
enter into a contract without undergoing the competitive bidding process if a unit of government
in another state has entered into a contract within a 12 month period with a vendor for the same
type of equipment, if that unit of government utilizes a public, formal bid process for purchasing
similar to that required by NC law. St. Lucie County, Florida entered into a contract with Tyler
Technologies on November 12, 2018 for permitting software, and offered Person County the same
or better costs, terms, and conditions as it did for St. Lucie County. The City of Roxboro will also
participate in the contract and will fund the purchase of the software based upon their license usage.
Recommended Action: Approve waiver of competitive bidding requirements under NCGS 143-
129(g) and award permitting software contract to Tyler Technologies
Submitted By: Laura Jensen, Interim Assistant County Manager
266
Person County Board of County Commissioners
Resolution Waiving Competitive Bidding Requirements and Approving a
Purchase pursuant to General Statute 143‐129(g)
(PIGGYBACK EXCEPTION)
Whereas, NC General Statute 143-129(g) authorizes purchases without competitive bidding if a
unit of government in another state has entered into a contract within a 12-month period with a
vendor for the same type of equipment and services needed by the NC unit of Government if that
unit of government utilizes a system of purchasing which is a public, formal bid process
substantially similar to that required by NC law; and
Whereas, the Person County Planning and Zoning, Inspections, GIS, and Environmental Health
Departments have a need to purchase a new permitting management system; and
Whereas, the previously mentioned departments along with the Person County IT Department
have reviewed numerous permitting management systems and recommend the solution provided
by Tyler Technologies; and
Whereas, the County of St. Lucie, Florida entered into a contract on November 12, 2018 with
Tyler Technologies for such a system; and
Whereas, Tyler Technologies has agreed to offer the same or better cost, terms and conditions to
Person County as it did to the County of St. Lucie, Florida.
Now Therefore Be It Resolved by the Person County Board of County Commissioners that it
hereby finds it to be in the best interest of Person County to waive competitive bidding
requirements and it hereby waives competitive bidding requirements pursuant to NC General
Statute 143-129(g) for this contract and awards contract to Tyler Technologies.
Adopted this the 22nd day of July 2019.
__________________________________
David B. Newell, Sr., Chairman
Person County Board of Commissioners
Attest:
__________________________________
Brenda B. Reaves, Clerk to the Board
267
Quoted By:Garth Magness
Date:1/8/2019
Quote Expiration: 5/7/2019
Quote Name:Person County-LGD-EG-CD, DHD
Quote Number: 2018-60836
Quote Description: EnerGov SaaS
Sales Quotation For
Person County
Suite 219
304 S Morgan Street
Roxboro, NC 27573-5245
SaaS One Time Fees
Description # Years Annual Fee Impl. Hours Impl. Cost Data Conversion
Additional:
EnerGovAdv Server Extensions Bundle 3.0 $6,628.00 128 $22,400.00 $0.00
EnerGov Citizen Self Service - Community Development 3.0 $12,428.00 16 $2,800.00 $0.00
EnerGov Citizen Self Service - Community Health 3.0 $2,000.00 0 $0.00 $0.00
EnerGov Community Development Suite (14)3.0 $17,402.00 400 $70,000.00 $21,150.00
EnerGov Community Health Suite (6)3.0 $12,168.00 150 $26,250.00 $0.00
EnerGov iG Workforce Apps (9)3.0 $3,726.00 16 $2,800.00 $0.00
EnerGov View Only License 3.0 $414.00 0 $0.00 $0.00
Tyler GIS 3.0 $296.00 0 $0.00 $0.00
Sub-Total: $55,062.00 $124,250.00 $21,150.00
Less Discount: $2,753.00 $0.00 $0.00
TOTAL: $52,309.00 710 $124,250.00 $21,150.00
2018-60836 - EnerGov SaaS CONFIDENTIAL 1 of 5
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Other Services
Description Quantity Unit Price Unit Discount Extended Price
Custom Report Development Services (80 Hours)80 $175.00 $0.00 $14,000.00
EnerGov Community Development Forms Library (5 Forms) 1 $5,100.00 $0.00 $5,100.00
TOTAL: $19,100.00
Summary One Time Fees Recurring Fees
Total SaaS $0.00 $52,309.00
Total Tyler Software $0.00 $0.00
Total Tyler Services $164,500.00 $0.00
Total 3rd Party Hardware, Software and
Services
$0.00 $0.00
Summary Total $164,500.00 $52,309.00
Contract Total
(Excluding Estimated Travel Expenses)
$321,427.00
Estimated Travel Expenses $39,730.00
2018-60836 - EnerGov SaaS CONFIDENTIAL 2 of 5
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Detailed Breakdown of Conversions (included in Contract Total)
Description Unit Price Unit Discount Extended Price
EnerGov Community Development $21,150.00 $0.00 $21,150.00
TOTAL: $21,150.00
2018-60836 - EnerGov SaaS CONFIDENTIAL 3 of 5
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Optional SaaS One Time Fees
Description # Years Annual Fee Impl. Hours Impl. Cost Data Conversion
Additional:
EnerGov e-Reviews 3.0 $24,856.00 80 $14,000.00 $0.00
TOTAL:$24,856.00 80 $14,000.00 $0.00
Unless otherwise indicated in the contract or Amendment thereto, pricing for optional items will be held
for Six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O. #:
All primary values quoted in US Dollars
2018-60836 - EnerGov SaaS CONFIDENTIAL 4 of 5
271
Comments
Conversion prices are based on a single occurrence of the database. If additional databases need to be converted, these will need to be quoted.
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the size and scope of your project. The actual amount of services
depends on such factors as your level of involvement in the project and the speed of knowledge transfer.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and
remitting.
In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii)
daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
Implementation hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a
class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees
of the initial training can thereafter train the remaining users.
Tyler's cost is based on all of the proposed products and services being obtained from Tyler. Should significant portions of the products or services be deleted, Tyler reserves the
right to adjust prices accordingly.
The Munis SaaS fees are based on 100 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any
resulting changes in the pricing categories.
Client agrees that items in this sales quotation are, upon Client's signature of same, hereby added to the Agreement between the parties, and subject to its terms. Additionally, and
notwithstanding anything in the Agreement to the contrary, payment for said items shall conform to the following conditions: Licensee fees for Tyler and 3rd party products are
due when Tyler makes such software available for download by the Client (for the purpose of this quotation, the 'Availability Date') or delivery (if not software); Maintenance
fees, prorated for the term commencing when on the Availability Date and ending on the last day of the current annual support term for Tyler Software currently licensed to the
Client, are due on the Availability Date; Fees for services, unless otherwise indicated, plus expenses, are payable upon delivery.
EnerGov's e-Reviews requires Bluebeam Studio Prime, at an estimated yearly subscription cost of $3,000/100 users. Further pricing detail is available by contacting Bluebeam at
https://www.bluebeam.com/solutions/studio-prime
Community Development Forms Library Includes: 1 Permits - Building, 1 Permits - Trade, 1 Planning - Certificate, 1 Permits - Occupancy/Completion, 1 Code - Violation
Notice.
2018-60836 - EnerGov SaaS CONFIDENTIAL 5 of 5
272
Quoted By:Garth Magness
Date:11/12/2018
Quote Expiration: 3/13/2019
Quote Name:St. Lucie County-LGD-EG-PLM
Quote Number: 2018-57373
Quote Description: 2018 PLM LRM SaaS
Sales Quotation For
St. Lucie County
201 S Indian River Dr
Fort Pierce, FL 34950-4336
Phone +1 (772) 462-1777
EnerGov SaaS - Silver
Description Monthly Fee Users/Units Annual Fee
Core Software:
EnerGov Business Management Suite $169.00 10 $20,280.00
EnerGov Community Development Suite $161.00 61 $117,852.00
EnerGov View Only Licenses (All Suites) $29.00 12 $4,176.00
Extensions:
EnerGov Central Cashiering SDK $0.00 1 $0.00
EnerGov Citizen Self Service - Business Management $1,667.00 Site License $20,000.00
EnerGov Citizen Self Service - Community Development $1,667.00 Site License $20,000.00
EnerGov Credit Card Payment API $458.00 Site License $5,500.00
EnerGov e-Reviews $2,417.00 Site License $29,000.00
EnerGov IG Workforce Apps $49.00 17 $9,996.00
EnerGov IVR $1,583.00 Site License $19,000.00
EnerGov My GovPay $0.00 1 $0.00
EnerGov Report Toolkit $0.00 1 $0.00
2018-57373 - 2018 PLM LRM SaaS 1 of 4
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EnerGov SaaS - Silver
Description Monthly Fee Users/Units Annual Fee
EnerGov Standard Technical Support $0.00 1 $0.00
EnerGov VirtualPay $0.00 1 $0.00
Tyler GIS $0.00 1 $0.00
Sub-Total: $245,804.00
Less Discount: $21,711.00
TOTAL: $224,093.00
EnerGov Professional Services
Description Hours/Units Unit Price Extended Price Year One
Maintenance
EnerGov Configuration Services 2000 $210.00 $420,000.00 $0.00
EnerGov Data Conversion Services 200 $270.00 $54,000.00 $0.00
EnerGov Fundamentals Admin Training 40 $175.00 $7,000.00 $0.00
EnerGov Project Management Services 500 $210.00 $105,000.00 $0.00
Integration Services - Banner GL Export 40 $270.00 $10,800.00 $0.00
Report Writing Training (SSRS)1 $2,500.00 $2,500.00 $0.00
Training & Production Support Services 240 $175.00 $42,000.00 $0.00
TOTAL: $641,300.00 $0.00
Summary One Time Fees Recurring Fees
Total SaaS $0.00 $224,093.00
Total Tyler Software $0.00 $0.00
Total Tyler Services $641,300.00 $0.00
Total 3rd Party Hardware, Software and
Services
$0.00 $0.00
Summary Total $641,300.00 $224,093.00
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Summary One Time Fees Recurring Fees
Year One Contract Total $865,393.00
Estimated Travel Expenses $34,000.00
Unless otherwise indicated in the contract or Amendment thereto, pricing for optional items will be held
for Six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O. #:
All primary values quoted in US Dollars
2018-57373 - 2018 PLM LRM SaaS 3 of 4
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Comments
Comments e-Planning requires BlueBeam Studio Prime pricing is as follows:
- Bluebeam Studio Prime Level 1 (up to 100 users), Subscription - $2,340
- Bluebeam Studio Prime Level 2 (up to 200 users), Subscription - $4,140
- Bluebeam Studio Prime Level 3 (up to 500 users), Subscription - $9,540
- Bluebeam Studio Prime Level 4 (up to 1000 users), Subscription - $17,940
EnerGov monthly fees are rounded, excluding cents.
EnerGov SaaS includes up to 1GB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $3,000 per TB.
Unique Business Transactions in Scope = up to 75 Transactions
Template Business Transactions in Scope = up to 5 Transactions
Geo-Rules within Scope = up to 5 Geo-Rules
Intelligent Objects and IAA's within Scope = up to 10 IO/IAA
Custom Reports/Output documents within scope = up to 15 reports
Integrations within scope = 1 (Banner GL Interface)
Data Conversion Sources within scope = 3 (CodeView SQL & Code Enforcement and Growth Management SQL)
(Client intends to configure additional processes, may require assistance from Tyler at the Configuration Services rates set forth in the agreement.)
2018-57373 - 2018 PLM LRM SaaS 4 of 4
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Public Notice
The Person County Board of Commissioners will consider a waiver of competitive
bidding under G.S. 143-129(g) at its regular meeting on July 22, 2019 at 9:00am for the
purchase of permitting software for Planning and Zoning, Inspections, GIS, and
Environmental Health Departments from Tyler Technologies. The seller having agreed to
extend to Person County the same or more favorable prices and terms as set forth in its
contract with St. Lucie County, Florida, entered into on November 12, 2018. The Person
County Board of Commissioners’ meeting will be held in Room 215 of the County Office
Building located at 304 S. Morgan Street, Roxboro, NC 27573. For additional
information, contact Laura Jensen at ljensen@personcountync.gov.
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AGENDA ABSTRACT
Meeting Date: July 22, 2019
Agenda Title: Addition of Community Training Materials Fee
Summary of Information: Emergency Medical Services will begin conducting Family and
Friends CPR classes for the community in FY20. To cover the cost of the materials, a fee of $7
per participant will be assessed. This fee will be added to the FY20 adopted fee schedule for
Person County.
Recommended Action: Approve the addition of the Community Training Materials Fee to the
FY20 adopted fee schedule
Submitted By: Laura Jensen, Interim Assistant County Manager
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