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Agenda Packet August 6 2018PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 August 6, 2018 6:30pm CALL TO ORDER………………………………………………. Chairman Kendrick ITEM #1 Closed Session #1 for the purpose of considering appointment of individuals through and informal interview process per General Statute 143-318.11(a)(6) with applicants of the following: A. Person-Caswell Lake Authority B. Piedmont Community College (PCC) Board of Trustees Return to Open Session for Board discussion and action as deemed appropriate ITEM #2 Appointment to Person-Caswell Lake Authority ………………. Chairman Kendrick ITEM #3 Appointment to PCC Board of Trustees ………………………... Chairman Kendrick Recess to the regularly scheduled meeting at 7:00pm (if prior to 7:00pm) *********** 1 7:00pm CALL TO ORDER………………………………………………. Chairman Kendrick INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA INFORMAL COMMENTS The Person County Board of Commissioners established a 10 minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. ITEM #4 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A. Approval of Minutes of July 2, 2018, B. Budget Amendments #2, C. Approval of Revisions to the Uniform Guidance Procurement Policy, D. Application for FY2019 funding from the State Aid to Public Libraries, E. DSS Attorney Contracts for legal services for FY2019, F. Approval of Change Order Request for Airport Project using existing grant funds estimated to be $192,826, and G. Tax Adjustments for August 2018 a. Tax Releases b. NC Vehicle Tax System pending refunds NEW BUSINESS: ITEM #5 Lease Agreement of old Helena School to Piedmont Career Academy Public Charter School Lease …………………………. Chairman Kendrick ITEM #6 Resolution Amending the Person County Economic Development Commission for a Change in Membership …………………… Vice Chairman Powell ITEM #7 Tax Collector Settlement ……………………………………………….... Russell Jones ITEM #8 Order to Collect Taxes …………………………………………………… Russell Jones 2 ITEM #9 Appointments to Boards and Committees ……………………………. Brenda Reaves A. Person Area Transportation System Board B. Workforce Development Board ITEM #10 Submission of Legislative Goals for NC Association of County Commissioners …………………………………………………………….... Heidi York CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS CLOSED SESSION #2 A motion to enter into Closed Session per General Statute 143-318.11(a)(3) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock and Assistant County Manager, Sybil Tate. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 3 SPECIAL MEETING NOTICE The Person County Board of Commissioners will hold a Special Meeting on Monday, August 6, 2018 at 6:30pm. The meeting will be held in the Commissioners’ meeting room 215 in the County Office Building, 304 S. Morgan Street, Roxboro, North Carolina prior to the Board’s regular scheduled meeting at 7:00pm. The purpose of the meeting will be to enter Closed Session for consideration of appointment of individuals through an informal interview process with applicants of the Person-Caswell Lake Authority and the Piedmont Community College Board of Trustees per General Statutes 143-318.11(a)(6). Appointments, as deemed appropriate, may follow in open session. Brenda B. Reaves, MMC, NCCCC Clerk to the Board of Commissioners 4 AGENDA ABSTRACT Meeting Date: August 6, 2018 Agenda Title: Informal Interviews Summary of Information: The Board of Commissioners, at its meeting on June 18, 2018, elected to hold the informal interview process for applicants of the Person-Caswell Lake Authority and the Piedmont Community College Board of Trustees on August 6, 2018 starting at 6:30pm. A copy of the board applications for the interested citizens are attached. The Board of Commissioners will enter Closed Session #1 for the purpose of considering appointment of individuals through an informal interview process with applicants of boards and committees per General Statutes 143-318.11(a)(6) for the following: A. Person-Caswell Lake Authority B. Piedmont Community College Board of Trustees Recommended Action: Conduct the informal interviews with the applicants, return to open session for Board discussion and action as deemed appropriate. Submitted By: Brenda B. Reaves, Clerk to the Board 5 6 7 8 9 10 July 2, 2018 1 PERSON COUNTY BOARD OF COMMISSIONERS JULY 2, 2018 MEMBERS PRESENT OTHERS PRESENT Tracey L. Kendrick 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, July 2, 2018 at 7:00pm in the Commissioners’ meeting room in the Person County Office Building. Chairman Kendrick called the meeting to order. Commissioner Jeffers gave an invocation and Vice Chairman Powell led the group in the Pledge of Allegiance. Commissioner Puryear, who was out-of-town, attended the board meeting via telephone conference. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Jeffers and carried 5-0 to approve the agenda. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Ms. April Short of 495 Lester Burch Road, Roxboro stated she was representing parents and people in the community to bring attention to the commissioners that youth would like to have a recreational center for amenities that are not available in Person County, i.e., a splash pad, and a public pool. She added a rec center could offer needed programs for after school or tutoring. Mr. Antonio Glass of 65 Graves Road, Roxboro echoed Ms. Short’s comments noting kids have nothing to do in the summertime. Mr. Glass stated he works with a community non-profit, Terry’s Kids Outreach and he sees the effect of crime and drugs in the County and felt a community rec center, which has been discussed for many years, would be a major asset for the youth in the community. 11 July 2, 2018 2 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Jeffers and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of June 18, 2018, B. Budget Amendment #1, C. Budget Amendment New CIP, D. Resolution – Rural ReadySites Grant in the amount of $1,604,125, and E. Tax Adjustments for July 2018 a. Tax Releases b. NC Vehicle Tax System pending refunds NEW BUSINESS: NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS LEGISLATIVE UPDATE: Assistant County Manager, Sybil Tate introduced North Carolina Association of County Commissioners’ (NCACC) Director of Government Relations, Johanna Reese to provide an update on broadband legislation as previously requested by Commissioner Jeffers. Ms. Reese shared the following presentation with the group: 12 July 2, 2018 3 13 July 2, 2018 4 14 July 2, 2018 5 15 July 2, 2018 6 Ms. Reese confirmed the legislative proposed goals process. She encouraged the commissioners to submit Board approved goals by September 2018. The voting delegate for each county approves the goals at the Legislative Goals Conference in January 2019. 16 July 2, 2018 7 Board members shared sentiments of displeasure that the state would limit local governments in leasing infrastructure noting Person County did not want to be in the competition with private service providers but only wanted to provide broadband access to its unserved citizens. County Manager, Heidi York asked Ms. Reese if Person County should pursue a local bill (as was done in H1036 with 14-counties) with other interested counties. Ms. Reese encouraged the Board and staff to pursue every option and to contact state and federal representatives with examples how the insufficient broadband has affected the County’s advancement without broadband access with impacts on education, health, business and safety. SUB-01-18 A REQUEST BY TOM AND DIANE BARNETTE FOR A CLUSTER SUBDIVISION CONCEPT PLAN CONSISTING OF 8 LOTS ON 10.73 ACRES LOCATED ON OLD HWY 57 ON TAX MAP & PARCEL A15-8 AND A15-148 IN THE RESIDENTIAL ZONING DISTRICT: Planning Director, Lori Oakley summarized with the following presentation for a request by Tom and Diane Barnette for a Cluster Subdivision Concept Plan consisting of 8 lots on 10.73 acres located on Old Highway 57, Tax Map and Parcel A15-8 and A15-148 in the Residential (R) Zoning District. Ms. Oakley stated the subject property contains woodlands and farmland and abuts Hyco Lake noting a single-family cluster subdivision is proposed for the site in accordance with Section 77 of the Person County Planning Ordinance. The minimum lot size will be 6,000 square feet and the minimum lot width will be 60 feet. Setbacks are reduced in cluster subdivision and are as follows: Front on main road – 25 feet, front on cul-de-sac – 10 feet, rear – 15 feet and side - 8 feet. The 420’ contour line at the lake has a zero setback requirement. Ms. Oakley noted Section 77-6 of the Planning Ordinance allows for a variety of street designs for cluster subdivisions and the applicant proposed a private street with 50’ of right-of-way and 18’ of pavement width. The maintenance of the private road will be handled by a road maintenance agreement and administered by the home owner’s association. Lot 7 is considered a flag lot and it meets the 35’ minimum lot width for the ‘flagstaff.’ Ms. Oakley added the lots will be served by individual septic systems and wells. The plan depicts possible off-site septic drain fields within the common open space. The property is located within the Roanoke Watershed and the property does not lie within the 100-year special flood hazard area according to the FEMA map. 17 July 2, 2018 8 18 July 2, 2018 9 19 July 2, 2018 10 20 July 2, 2018 11 21 July 2, 2018 12 Ms. Oakley said the Person County Land Use Plan does not identify the property as a specific land use category; however the properties nearby are identified as Rural Residential / Agricultural and the proposed subdivision aligns with the residential designation. Appendix O of the Land Use Plan lists goals and objectives for the county including the following: 1.5 – Provide for a variety of housing types, densities and price ranges. Ms. Oakley recognized the project realtor, Mr. Larry Carroll of Hillsborough and surveyor, Mr. Jay Jennings of Roxboro, both present in the audience, should the Board have questions. Commissioner Jeffers asked if the applicant had contacted the Lake Authority for its rules and regulations. Mr. Carroll confirmed the cluster subdivision concept plan met all requirements of the Lake Authority noting leases are expected for all lots, with the exception of #8 which is not located on the lake. Chairman Kendrick felt the subject property fell within the Duke Energy radius for legislative mandated water systems and asked if the applicant had addressed with Duke Energy or the local planning and zoning. Mr. Carroll said he was not aware of this legislation. Commissioner Clayton asked Mr. Carroll about the drain field and septic systems to which Mr. Carroll noted the health department have approved the two sub-surface drip systems they plan to use. A motion was made by Vice Chairman Powell and carried 5-0 to approve the cluster subdivision concept plan as presented. APPOINTMENT TO BOARDS AND COMMITTEES: Clerk to the Board, Brenda Reaves presented interested citizen applications for consideration for current vacancies on the following: Recreation Advisory Board 1 position for an unexpired term to 6/30/19 1) Tabitha George requested appointment A motion was made by Chairman Kendrick and carried 5-0 to appoint Tabitha George to the Recreation Advisory Board to fulfill an unexpired term to June 30, 2019. Voluntary Agriculture District 3-Year Term 1 position for the Holloway Township – Cal Berryhill requested reappointment 1 position for the Cunningham Township – Johnny Rogers requested reappointment 22 July 2, 2018 13 A motion was made by Commissioner Clayton and carried 5-0 to reappoint Cal Berryhill (Holloway Township representative) and Johnny Rogers (Cunningham Township representative) to the Voluntary Agriculture District Board, each for a 3-year term. Person Area Transportation System Board 3-Year Term; 4 positions available for one citizen each to represent, or who are affiliated with: private industry: school system: Gregg Foushee has requested appointment economic development: parks and recreation A motion was made by Commissioner Jeffers and carried 5-0 to appoint Gregg Foushee (affiliation with the school system) to the Person Area Transportation System Board of Directors for a 3-year term. CHAIRMAN’S REPORT: Chairman Kendrick commended Commissioner Puryear for calling into the meeting while out-of-town. Chairman Kendrick offered Commissioners Clayton and Jeffers good wishes and safe travel to the National Association of Counties meeting extending support to Commissioner Jeffers in his run for NACo Second Vice President. MANAGER’S REPORT: County Manager, Heidi York polled the Board for a July 20, 2018 ribbon cutting at the tower located at Bushy Fork to begin a 10:00am. It was the consensus of the Board for July 20th to fit into their schedules. COMMISSIONER REPORT/COMMENTS: Vice Chairman Powell had no report. Commissioner Clayton suggested consideration by the Board of Education for year- round school. Commissioner Jeffers reported he attended an extension board meeting noting Piedmont Community College was considering an Ag curriculum. He invited the community members that addressed the Board during informal comments to the next Recreation Advisory Board meeting scheduled for July 11, 2018 starting at 5:30pm at the Parks and Recreation offices at Huck Sansbury. 23 July 2, 2018 14 Commissioner Puryear thanked the Manager for accommodating his request so that he could attend the meeting via conference call. He said he was attending the Elks National Convention in San Antonio. Commissioner Puryear reported that one of Person County’s students was awarded $50,000 in scholarship as the top recipient nationwide. CLOSED SESSION #1 A motion was made by Vice Chairman Powell and carried 5-0 to enter into Closed Session per General Statute 143-318.11(a)(5) at 7:42pm to consider the acquisition or lease of real property and 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 (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock and General Services Director, Ray Foushee. A motion was made by Commissioner Jeffers and carried 5-0 to return to open session at 7:55pm. ADJOURNMENT: A motion was made by Commissioner Jeffers and carried 5-0 to adjourn the meeting at 7:55pm. _____________________________ ______________________________ Brenda B. Reaves Tracey L. Kendrick Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 24 8/6/2018 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 2,408 Human Services 79,451 Culture and Recreation 2,400 Transfers to Other Funds 57,592 REVENUES General Fund Other Taxes 10,000 Intergovernmental 2,400 Other Revenues 9,500 Fund Balance Appropriation 119,951 EXPENDITURES Person Industries Community Rehab Prog Services 26,429 REVENUES Person Industries Other Revenues 26,429 EXPENDITURES Emergency Systems Telephone Fund 16,000 REVENUES Emergency Systems Telephone Fund Fund Balance Appropriation 16,000 EXPENDITURES CIP County 47,592 REVENUES CIP Transfers from Other Funds 47,592 Explanation: BUDGET AMENDMENT Receipt of wellness program donation from Cigna ($10,000); reduce revenue from TASC lease based on contract review (-$500) and increase fund balance appropriation ($500); increase estimated occupancy tax collection ($10,000); appropriate fund balance due to ABC funds granted to the Drug Court in FY18 ($9,000); transfer funds from IT (-$7,592) to the CIP Fund for server expansion project ($7,592); appropriate fund balance in the IT Systems Fund and transfer it to the CIP Fund for server expansion project ($40,000); appropriate fund balance in the Emergency Systems Telephone Fund for server expansion project ($16,000); receipt of funds in the CIP fund for server expansion project ($47,592); appropriate fund balance in Health department for employee wellness clinic ($28,383); restore Home Health and Hospice Chaplain position (1 FTE) due to state requirements ($42,068); receipt of Community Connections Grant for Library ($2,400); receipt of grant from Cardinal Innovations Healthcare for Person Industries ($26,429). BA-225 AGENDA ABSTRACT Meeting date: August 6, 2018 Consent Agenda Title: Approval of Revisions to the Uniform Guidance Procurement Policy Summary of Information: On June 4, 2018, the Board approved a Uniform Guidance (UG) Procurement Policy that governs the standards for purchasing with federally-sourced funds. However, on June 20, 2018, the Office of Management and Budget (OMB) issued a memorandum increasing the micro-purchase bid threshold from $3,500 to $10,000 and the simplified acquisition threshold from $150,000 to $250,000. Also, given that local government service contracts are not subject to state competitive bidding requirements, the Local Government Commission (LGC) suggests revisions for those units that do not require competitive proposals (RFPs) for service contracts. These include following the UG small purchase procedure for service contracts costing $10,000 up to $250,000, and then following the UG sealed bid or competitive proposal method for service contracts costing $250,000 or more. Since Person County falls into this category, the suggested revisions to those sections are also included. In order to take advantage of the higher thresholds and the less restrictive procurement rules for service contracts, we are submitting this policy again with the revisions as offered by the OMB and LGC for approval. Recommended Action: To approve the Uniform Guidance Procurement Policy with the revisions as stated above to be effective 8/6/18 Submitted By: Amy Wehrenberg, Finance Director 26   Page 1  Person County Government STANDARD PROCEDURE SUBJECT: Uniform Guidance Procurement Policy Effective Date: 7.1.18 Prepared by: Amy Wehrenberg, Finance Director Revised: 8.6.18 Approved by: Person County Board of Commissioners Approval Date: Chairman’s Signature: # of Pages: 9   I.   Purpose    The purpose of this Policy is to establish guidelines that meet or exceed the procurement    requirements  for  purchases  of  goods  (apparatus,  supplies,  materials,  and  equipment),  services, and construction or repair projects when federal funds are being used in whole or in  part to pay for the cost of the contract.     II.   Policy    A. Application  of  Policy.  This policy applies to contracts for purchases, services, and  construction  or  repair  work  funded  with  federal  financial  assistance  (direct  or  reimbursed).  The requirements of this Policy also apply to any subrecipient of the funds.    All federally funded projects, loans, grants, and sub‐grants, whether funded in part or  wholly, are subject to the Uniform Administrative Requirements, Cost Principles, and  Audit Requirements for federal awards (Uniform Guidance) codified at 2 C.F.R. Part 200  unless otherwise directed in writing by the federal agency or state pass‐through agency  that awarded the funds.      B. Compliance with Federal Law.  All procurement activities involving the expenditure of  federal funds must be conducted in compliance with the Procurement Standards codified  in 2 C.F.R. § 200.317 through § 200‐326 unless otherwise directed in writing by the federal  agency or state pass‐through agency that awarded the funds.  Person County will follow  all applicable local, state, and federal procurement requirements when expending federal  funds.  Should Person County have more stringent requirements, the most restrictive  requirement shall apply so long as it is consistent with state and federal law.     C. Contract Award.  All contracts shall be awarded only to the lowest responsive responsible  bidder possessing the ability to perform successfully under the terms and conditions of  the contract.     27   Page 2  D. No Evasion.  No contract may be divided to bring the cost under bid thresholds or to  evade any requirements under this Policy or state and federal law.     E. Contract Requirements.  All contracts paid for in whole or in part with federal funds shall  be  in  writing.  The  written  contract  must  include  or  incorporate by reference the  provisions required under 2 C.F.R § 200.326 and as provided for under 2 C.F.R. Part 200,  Appendix II.    F. Contractors’ Conflict of Interest.  Designers, suppliers, and contractors that assist in the  development or drafting of specifications, requirements, statements of work, invitation  for  bids  or  requests  for  proposals  shall  be  excluded  from  competing  for  such  requirements.    G. Approval and Modification. The administrative procedures contained in this Policy are  administrative and may be changed as necessary at the staff level to comply with state  and federal law.      III.   General Procurement Standards and Procedures:    Either the Purchasing Department or the Requesting Department shall procure all contracts  in accordance with the requirements of this Section of the Policy.      A. Necessity.  Purchases must be necessary to perform the scope of work and must avoid  acquisition of unnecessary or duplicative items. The Purchasing Department and/or the  Requesting Department should check with the federal surplus property agency prior to  buying  new  items  when  feasible  and  less  expensive.    Strategic  sourcing  should  be  considered  with  other  departments  and/or  agencies  who  have  similar  needs  to  consolidate procurements and services to obtain better pricing.    B. Clear Specifications.  All solicitations must incorporate a clear and accurate description of  the technical requirements for the materials, products, or services to be procured, and  shall include all other requirements which bidders must fulfill and all other factors to be  used in evaluating bids or proposals.  Technical requirements must not contain features  that restrict competition.    C. Notice of Federal Funding.  All bid solicitations must acknowledge the use of federal  funding for the contract. In addition, all prospective bidders or offerors must acknowledge  that funding is contingent upon compliance with all terms and conditions of the funding  award.     D. Compliance by Contractors.  All solicitations shall inform prospective contractors that  they must comply with all applicable federal laws, regulations, executive orders, and  terms and conditions of the funding award.     28   Page 3  E. Fixed Price.  Solicitations must state that bidders shall submit bids on a fixed price basis  and that the contract shall be awarded on this basis unless otherwise provided for in this  Policy.    Cost  plus  percentage  of  cost  contracts  are  prohibited.  Time  and  materials  contracts are prohibited in most circumstances.  Time and materials contracts will not be  used unless no other form of contract is suitable and the contract includes a “Not to  Exceed” amount.  A time and materials contract shall not be awarded without express  written permission of the federal agency or state pass‐through agency that awarded the  funds.    F. Use  of  Brand  Names.   When possible, performance or functional specifications are  preferred to allow for more competition leaving the determination of how the reach the  required result to the contractor. Brand names may be used only when it is impractical or  uneconomical to write a clear and accurate description of the requirement(s). When a  brand name is listed, it is used as reference only and “or equal” must be included in the  description.    G. Lease versus Purchase.  Under certain circumstances, it may be necessary to perform an  analysis  of  lease  versus  purchase  alternatives  to  determine  the  most  economical  approach.    H. Dividing Contract for M/WBE Participation.  If economically feasible, procurements may  be divided into smaller components to allow maximum participation of small and minority  businesses and women business enterprises.  The procurement cannot be divided to bring  the cost under bid thresholds or to evade any requirements under this Policy.     I. Documentation.  Documentation must be maintained by the Purchasing Department  and/or  the  Requesting  Department  detailing  the  history  of  all  procurements.    The  documentation should include the procurement method used, contract type, basis for  contractor selection, price, sources solicited, public notices, cost analysis, bid documents,  addenda, amendments, contractor’s responsiveness, notice of award, copies of notices to  unsuccessful bidders or offerors, record of protests or disputes, bond documents, notice  to proceed, purchase order, and contract.  All documentation relating to the award of any  contract must be made available to the granting agency upon request.     J. Cost  Estimate.    For  all  procurements  costing  $250,000  or  more,  the  Purchasing  Department and/or Requesting Department shall develop an estimate of the cost of the  procurement prior to soliciting bids.  Cost estimates may be developed by reviewing prior  contract costs, online review of similar products or services, or other means by which a  good faith cost estimate may be obtained.  Cost estimates for construction and repair  contracts may be developed by the project designer.    K. Contract Requirements.  The Requesting Department must prepare a written contract  incorporating the provisions referenced in Section II.C of this Policy.      L. Debarment.  No contract shall be awarded to a contractor included on the federally  debarred bidder’s list.  29   Page 4    M. Contractor Oversight.  The Requesting Department receiving the federal funding must  maintain oversight of the contract to ensure that contractor is performing in accordance  with the contract terms, conditions, and specifications.      N. Open Competition.  Solicitations shall be prepared in a way to be fair and provide open  competition.  The procurement process  shall  not  restrict  competition  by  imposing  unreasonable requirements on bidders, including but not limited to unnecessary supplier  experience, excessive or unnecessary bonding, specifying a brand name without allowing  for  “or  equal”  products,  or  other  unnecessary  requirements  that  have  the  effect  of  restricting competition.    O. Geographic Preference.  No contract shall be awarded on the basis of a geographic  preference.      IV.   Specific Procurement Procedures      Either  the  Purchasing  Department  or  the  Requesting  Department  shall  solicit  bids  in  accordance with the requirements under this Section of the Policy based on the type and  cost of the contract.    A. Service Contracts (except for A/E professional services) and Purchase Contracts costing  less  than  $10,000  shall  be  procured  using  the  Uniform  Guidance  “micro‐purchase”  procedure (2 C.F.R. § 200.320(a)) as follows:  1. The contract may be awarded without soliciting pricing or bids if the price of the  goods or services is considered to be fair and reasonable.  2. To  the  extent  practicable,  purchases  must  be  distributed  among qualified  suppliers.    B. Service Contracts (except for A/E professional services) and Purchase Contracts costing  $10,000 up to $250,000 shall be procured using the Uniform Guidance “small purchase”  procedure (2 C.F.R. § 200.320(b)) as follows:  1. Obtain price or rate quotes from an “adequate number” of qualified sources (a  federal grantor agency might issue guidance interpreting “adequate number,” so  the Requesting Department should review the terms and conditions of the grant  award documents to confirm whether specific guidance has been issued).  2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers  as required under 2 C.F.R. § 200.321.  3. Cost or price analysis is not required prior to soliciting bids.  4. Award the contract on a fixed‐price basis (a not‐to‐exceed basis is permissible for  service contracts where obtaining a fixed price is not feasible).  5. Award the contract to the lowest responsive, responsible bidder.    C. Service Contracts (except for A/E professional services) and Purchase Contracts costing  $250,000  and  above  shall  be  procured  using  a  combination  of  the  most  restrictive  30   Page 5  requirements of the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320(c)) and  state formal bidding procedures (G.S. 143‐129) as follows:  1. Cost or price analysis is required prior to soliciting bids.  2. Complete specifications or purchase description must be made available to all  bidders.  3. The bid must be formally advertised in a newspaper of general circulation for at  least seven full days between the date of the advertisement and the date of the  public  bid  opening.    Electronic‐only  advertising  must  be  authorized  by  the  governing board.  The advertisement must state the date, time, and location of  the  public  bid  opening,  indicate  where  specifications  may  be  obtained,  and  reserve to the governing board the right to reject any or all bids only for “sound  documented reasons.”   4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers  as required under 2 C.F.R. § 200.321.  5. Open bids at the public bid opening on the date, time, and at the location noticed  in the public advertisement.  All bids must be submitted sealed.  A minimum of 2  bids must be received in order to open all bids.  6. Award the contract to the lowest responsive, responsible bidder on a fixed‐price  basis. Governing board approval is required for purchase contracts unless the  governing  board  has  delegated  award  authority  to  an  individual official  or  employee.    Any  and  all  bids  may  be  rejected  only  for  “sound  documented  reasons.”    D. Service Contracts (except for A/E professional services) costing $250,000 and above may  be procured using the Uniform Guidance “competitive proposal” procedure (2 C.F.R. §  200.320(d)) when the “sealed bid” procedure is not appropriate for the particular type of  service being sought.  The procedures are as follows:  1. A Request for Proposals (RFP) must be publicly advertised. Formal advertisement  in a newspaper is not required so long as the method of advertisement will solicit  proposals from an “adequate number” of qualified firms.  2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers  as provided under 2 C.F.R. § 200.321.  3. Identify  evaluation  criteria  and  relative  importance  of  each  criteria  (criteria  weight) in the RFP.  4. Consider all responses to the publicized RFP to the maximum extent practical.  5. Must have a written method for conducting technical evaluations of proposals and  selecting the winning firm.  6. Award the contract to the responsible firm with most advantageous proposal  taking into account price and other factors identified in the RFP.  Governing board  approval is not required.  7. Award the contract on a fixed‐price or cost‐reimbursement basis.    E. Construction and repair contracts costing less than $10,000 shall be procured using the  Uniform Guidance “micro‐purchase” procedure (2 C.F.R. § 200.320(a)) as follows:  1. The contract may be awarded without soliciting pricing or bids if the price of the  goods or services is considered to be fair and reasonable.  31   Page 6  2. To  the  extent  practicable,  contracts  must  be  distributed  among qualified  suppliers.    F. Construction and repair contracts costing $10,000 up to $250,000 shall be procured  using  the  Uniform  Guidance  “small  purchase”  procedure  (2  C.F.R.  §  200.320(b))  as  follows:  1. Obtain price or rate quotes from an “adequate number” of qualified sources (a  federal grantor agency might issue guidance interpreting “adequate number,” so  the requesting department should review the terms and conditions of the grant  award documents to confirm whether specific guidance has been issued).  2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers  as required under 2 C.F.R. § 200.321.  3. Cost  or  price  analysis  is  not  required  prior  to  soliciting  bids,  although  price  estimates may be provided by the project designer.  4. Award the contract on a fixed‐price or not‐to‐exceed basis.  5. Award the contract to the lowest responsive, responsible bidder.  Governing  board approval is not required.    G. Construction and repair contracts costing $250,000 up to $500,000 shall be procured  using the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320(c)) as follows:  1. Cost or price analysis is required prior to soliciting bids (this cost estimate may be  provided by the project designer).  2. Complete specifications must be made available to all bidders.  3. Publically advertise the bid solicitation for a period of time sufficient to give  bidders  notice  of  opportunity  to  submit  bids  (formal  advertisement  in  a  newspaper is not required so long as other means of advertising will provide  sufficient notice of the opportunity to bid).  The advertisement must state the  date,  time,  and  location  of  the  public  bid  opening,  and  indicate  where  specifications may be obtained.  4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers  as provided under 2 C.F.R. § 200.321.  5. Open the bids at the public bid opening on the date, time, and at the location  noticed  in  the  public  advertisement.  All  bids  must  be  submitted sealed. A  minimum of 2 bids must be received in order to open all bids.  6. A 5% bid bond is required of all bidders.  Performance and payment bonds of 100%  of the contract price is required of the winning bidder.  7. Award the contract on a firm fixed‐price basis.  8. Award the contract to the lowest responsive, responsible bidder. Governing board  approval  is  not  required.    Any  and  all  bids  may  be  rejected  only for  “sound  documented reasons.”    H. Construction and repair contracts costing $500,000 and above shall be procured using a   combination of the most restrictive requirements of the Uniform Guidance “sealed bid”  procedure (2 C.F.R. § 200.320(c)) and state formal bidding procedures (G.S. 143‐129) as  follows:  32   Page 7  1. Cost or price analysis is required prior to soliciting bids (this cost estimate should  be provided by the project designer).  2. Complete specifications must be made available to all bidders.  3. Formally advertise the bid in a newspaper of general circulation for at least seven  full days between the date of the advertisement and the date of the public bid  opening.  Electronic‐only advertising must be authorized by the governing board.   The  advertisement  must  state  the  date,  time,  and  location  of  the  public  bid  opening,  indicate  where  specifications  may  be  obtained,  and  reserve  to  the  governing board the right to reject any or all bids only for “sound documented  reasons.”    4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers  as provided under 2 C.F.R. § 200.321.  5. Open the bids at the public bid opening on the date, time, and at the location  noticed in the public advertisement. All bids must be submitted sealed and in  paper form.  A minimum of 3 bids must be received in order to open all bids.  6. A 5% bid bond is required of all bidders (a bid that does not include a bid bond  cannot be counted toward the 3‐bid minimum requirement).  Performance and  payment bonds of 100% of the contract price is required of the winning bidder.  7. Award the contract on a firm fixed‐price basis.  8. Award the contract to the lowest responsive, responsible bidder.  Governing  board approval is required and cannot be delegated. The governing board may  reject and all bids only for “sound documented reasons.”    I. Construction or repair contracts involving a building costing $300,000 and above must  comply with the following additional requirements under state law:  1. Formal HUB (historically underutilized business) participation required under G.S.  143‐128.2, including local government outreach efforts and bidder good faith  efforts, shall apply.   2. Separate specifications shall be drawn for the HVAC, electrical, plumbing, and  general construction work as required under G.S. 143‐128(a).  3. The project shall be bid using a statutorily authorized bidding method (separate‐ prime, single‐prime, or dual bidding) as required under G.S. 143‐129(a1).    J. Contracts for Architectural and Engineering Services costing under $250,000 shall be  procured using the state “Mini‐Brooks Act” requirements (G.S. 143‐64.31) as follows:  1. Issue a Request for Qualifications (RFQ) to solicit qualifications from qualified  firms (formal advertisement in a newspaper is not required).  Price (other than  unit cost) shall not be solicited in the RFQ.  2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers  as provided for under 2 C.F.R. § 200.321.  3. Evaluate  the  qualifications  of  respondents  based  on  the  evaluation  criteria  developed by the Purchasing Department and/or Requesting Department.  4. Rank respondents based on qualifications and select the best qualified firm. Price  cannot be a factor in the evaluation. Preference may be given to in‐state (but not  local) firms.  33   Page 8  5. Negotiate  fair  and  reasonable  compensation  with  the  best  qualified firm.  If  negotiations are not successfully, repeat negotiations with the  second‐best  qualified firm.  6. Award  the  contract  to  best  qualified  firm  with  whom  fair  and  reasonable  compensation has been successfully negotiated.  Governing board approval is  required  unless  the  governing  board  has  delegated  award  authority  to  an  individual official or employee.    K. Contracts for Architectural and Engineering Services costing $250,000 or more shall be  procured  using  the  Uniform  Guidance  “competitive  proposal”  procedure  (2  C.F.R.  §  200.320(d)(5)) as follows:  1. Publically advertise a Request for Qualifications (RFQ) to solicit qualifications from  qualified firms (formal advertisement in a newspaper is not required).  Price (other  than unit cost) shall not be solicited in the RFQ.  2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers  as provided under 2 C.F.R. § 200.321.  3. Identify  the  evaluation  criteria  and  relative  importance  of  each  criteria  (the  criteria weight) in the RFQ.  4. Proposals must be solicited from an “adequate number of qualified sources” (an  individual  federal  grantor  agency  may  issue  guidance  interpreting  “adequate  number”).  5. Must have a written method for conducting technical evaluations of proposals and  selecting the best qualified firm.  6. Consider all responses to the publicized RFQ to the maximum extent practical.  7. Evaluate qualifications of respondents to rank respondents and select the most  qualified firm. Preference may be given to in‐state (but not local) firms provided  that granting the preference leaves an appropriate number of qualified firms to  compete for the contract given the nature and size of the project.  8. Price cannot be a factor in the initial selection of the most qualified firm.  9. Once  the  most  qualified  firm  is  selected,  negotiate  fair  and  reasonable  compensation.  If negotiations are not successfully, repeat negotiations with the  second‐best qualified firm.  7. Award  the  contract  to  best  qualified  firm  with  whom  fair  and  reasonable  compensation has been successfully negotiated.  Governing board approval is  required  unless  the  governing  board  has  delegated  award  authority  to  an  individual official or employee.      V.   Exceptions    Non‐competitive contracts are allowed only under the following conditions and with the  written approval of the federal agency or state pass‐through agency that awarded the federal  funds:    A. Sole Source.  A contract may be awarded without competitive bidding when the item is  available  from  only  one  source.    The  Purchasing  Department  and/or  Requesting  34   Page 9  Department shall document the justification for and lack of available competition for the  item.  A sole source contract must be approved by the governing board.    B. Public Exigency.  A contract may be awarded without competitive bidding when there is  a public exigency.  A public exigency exists when there is an imminent or actual threat to  public health, safety, and welfare, and the need for the item will not permit the delay  resulting from a competitive bidding.    C. Inadequate Competition.  A contract may be awarded without competitive bidding when  competition is determined to be inadequate after attempts to solicit bids from a number  of sources as required under this Policy does not result in a qualified winning bidder.    D. Federal Contract.  A contract may be awarded without competitive bidding when the  purchase is made from a federal contract available on the U.S. General  Services  Administration schedules of contracts.     E. Awarding Agency Approval.  A contract may be awarded without competitive bidding  with the express written authorization of the federal agency or state pass‐through agency  that awarded the federal funds so long as awarding the contract without competition is  consistent with state law.      35 36 ABSTRACT Meeting Date: August 6, 2018 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, Walter Cates, Julie Ramsey, and Joe Weinberger. There are separate contracts for Child Support services therefore two contracts per attorney are attached. Recommended Action: Approval Submitted By: Carlton B. Paylor, Sr., MBA Director, Person County Department of Social Services 37 DEPARTMENT OF SOCIAL SERVICES Post Office Box 770 355B South Madison Boulevard Roxboro, North Carolina 27573-0770 (336) 599-8361 Fax (336) 597-9339 To: Heidi York From: Carlton B. Paylor, Sr. Re: Changes to Attorney Contracts for FY 2018-2019 Date: July 3, 2018 Effective for Fiscal Year 2018-2019, the Division of Social Services has updated County Contract Forms. https://www2.ncdhhs.gov/dss/contracts/County%20Contract%20Forms.htm Listed below are changes made to DSS Attorney Contracts for FY 2018-2019. Primary Attorney Contract # 1008: Page 1: Contract Documents: Certification of Eligibility Under the Iran Divestment Act (Attachment N) – deleted Certification Regarding Nondiscrimination, Clean Air Act, Clean Water (Attachment N) – added page 28 Budget Addendum – added page 31 Last sentence on page 1: Rate of compensation changed from $135 to $140 per hour. Page 9 Section 2: Hourly rate changed from $135 to $140. Page 10 Section 6: Changed travel and meal reimbursement from: reimbursement shall be made in the amount of fifty-four cents ($0.54) per mile for travel and expenses not to exceed a total of three hundred twenty-five dollars ($325.00) per year to: 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. Primary Attorney Contract # 1009 (Child Support): Page 1: Contract Documents: Certification of Eligibility Under the Iran Divestment Act (Attachment N) – deleted Certification Regarding Nondiscrimination, Clean Air Act, Clean Water (Attachment N) – added page 27 Budget Addendum – added page 30 Last sentence on page 1: Rate of compensation changed from $135 to $140 per hour. PERSON COUNTY 38 Page 9 Section 4: Hourly rate changed from $135 to $140. Page 10 Section 6: Changed travel and meal reimbursement from: reimbursement shall be made in the amount of fifty-four cents ($0.54) per mile for travel and expenses not to exceed a total of three hundred twenty-five dollars ($325.00) per year to: 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. Secondary Attorney Contracts # 1006, 1007, 1010, 1011, 1012, and 1013: Page 1: Contract Documents: Certification of Eligibility Under the Iran Divestment Act (Attachment N) – deleted Certification Regarding Nondiscrimination, Clean Air Act, Clean Water (Attachment N) – added page 27 39 Contract # 1006 Joe Weinberger, Jr. Page 1 Contract # 1006 Fiscal Year Begins July 1, 2018 Ends June 30, 2019 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, 2018 and shall terminate on June 30, 2019. 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. 40 Contract # 1006 Joe Weinberger, Jr. 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 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. 41 Contract # 1006 Joe Weinberger, Jr. 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. Joseph Weinberger, Jr., Attorney At Law ____________________________ _________________________ Signature Date PERSON COUNTY Tracey L. Kendrick ____________________________ _________________________ 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 42 Contract # 1006 Joe Weinberger, Jr. 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. 43 Contract # 1006 Joe Weinberger, Jr. 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. 44 Contract # 1006 Joe Weinberger, Jr. 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. 45 Contract # 1006 Joe Weinberger, Jr. 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. 46 Contract # 1006 Joe Weinberger, Jr. Page 8 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term “key personnel” includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105- 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. 47 Contract # 1006 Joe Weinberger, Jr. Page 9 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, 2018, 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, 2019. 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. 48 Contract # 1006 Joe Weinberger, Jr. Page 10 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 49 Contract # 1006 Joe Weinberger, Jr. Page 11 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). 50 Contract # 1006 Joe Weinberger, Jr. Page 12 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 51 Contract # 1006 Joe Weinberger, Jr. Page 13 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 52 Contract # 1006 Joe Weinberger, Jr. Page 14 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 ______________________, 2018. ___________________________ Notary Public My Commission expires: __________________ 53 Contract # 1006 Joe Weinberger, Jr. Page 15 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 ______________, 2018 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 ______________________, 2018. ___________________________ 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.” 54 Contract # 1006 Joe Weinberger, Jr. Page 16 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 55 Contract # 1006 Joe Weinberger, Jr. Page 17 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. 56 Contract # 1006 Joe Weinberger, Jr. Page 18 Joseph Weinberger, Jr., Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 57 Contract # 1006 Joe Weinberger, Jr. Page 19 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 58 Contract # 1006 Joe Weinberger, Jr. Page 20 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 59 Contract # 1006 Joe Weinberger, Jr. Page 21 ATTACHMENT I PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES BUSINESS ASSOCIATE ADDENDUM This Agreement is made effective the 1st day of July, 2018, 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. 60 Contract # 1006 Joe Weinberger, Jr. Page 22 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. 61 Contract # 1006 Joe Weinberger, Jr. Page 23 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. 62 Contract # 1006 Joe Weinberger, Jr. Page 24 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 63 Contract # 1006 Joe Weinberger, Jr. Page 25 Attachment M State Certification Contractor Certifications Required by North Carolina Law Instructions The person who signs this document should read the text of the statutes listed below and consult with counsel and other knowledgeable persons before signing.  The text of Article 2 of Chapter 64 of the North Carolina General Statutes can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_64/Article_2.pdf  The text of G.S. 105-164.8(b) can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105- 164.8.pdf  The text of G.S. 143-48.5 (S.L. 2013-418, s. 2.(d)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf  The text of G.S. 143-59.1 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.1.pdf  The text of G.S. 143-59.2 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.2.pdf  The text of G.S. 147-33.95(g) (S.L. 2013-418, s. 2.(e)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf Certifications (1) Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the Contractor named below, and the Contractor’s subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system." E-Verify System Link: www.uscis.gov Local government is specifically exempt from Article 2 of Chapter 64 of the North Carolina General Statutes. However, local government is subject to and must comply with North Carolina General Statute §153A-99.1., which states in part as follows: Counties Must Use E-Verify. - Each county shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States. (2) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below is not an “ineligible Contractor” as set forth in G.S. 143-59.1(a) because: (a) Neither the Contractor nor any of its affiliates has refused to collect the use tax levied under Article 5 of Chapter 105 of the General Statutes on its sales delivered to North Carolina when the sales met one or more of the conditions of G.S. 105-164.8(b); and (b) [check one of the following boxes] 64 Contract # 1006 Joe Weinberger, Jr. Page 26 Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001; or The Contractor or one of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001 but the United States is not the principal market for the public trading of the stock of the corporation incorporated in the tax haven country. (3) Pursuant to G.S. 143-59.2(b), the undersigned hereby certifies that none of the Contractor’s officers, directors, or owners (if the Contractor is an unincorporated business entity) has been convicted of any violation of Chapter 78A of the General Statutes or the Securities Act of 1933 or the Securities Exchange Act of 1934 within 10 years immediately prior to the date of the bid solicitation. (4) The undersigned hereby certifies further that: (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. 65 Contract # 1006 Joe Weinberger, Jr. Page 27 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 66 Contract # 1006 Joe Weinberger, Jr. Page 28 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 67 Contract # 1006 Joe Weinberger, Jr. Page 29 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. 68 Child Support Contract # 1007 Joe Weinberger, Jr. Page 1 Contract # 1007 Fiscal Year Begins July 1, 2018 Ends June 30, 2019 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, 2018 and shall terminate on June 30, 2019. 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. 69 Child Support Contract # 1007 Joe Weinberger, Jr. 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 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. 70 Child Support Contract # 1007 Joe Weinberger, Jr. 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. Joseph Weinberger, Jr., Attorney At Law ____________________________ _________________________ Signature Date PERSON COUNTY Tracey L. Kendrick ____________________________ _________________________ 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 71 Child Support Contract # 1007 Joe Weinberger, Jr. 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. 72 Child Support Contract # 1007 Joe Weinberger, Jr. 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. 73 Child Support Contract # 1007 Joe Weinberger, Jr. 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. 74 Child Support Contract # 1007 Joe Weinberger, Jr. 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. 75 Child Support Contract # 1007 Joe Weinberger, Jr. Page 8 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term “key personnel” includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105- 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. 76 Child Support Contract # 1007 Joe Weinberger, Jr. Page 9 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, 2018, 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, 2018, and unless sooner terminated by 30 days’ notice of either party shall exist and continue through June 30, 2019. 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. 77 Child Support Contract # 1007 Joe Weinberger, Jr. Page 10 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 78 Child Support Contract # 1007 Joe Weinberger, Jr. Page 11 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). 79 Child Support Contract # 1007 Joe Weinberger, Jr. Page 12 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 80 Child Support Contract # 1007 Joe Weinberger, Jr. Page 13 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 81 Child Support Contract # 1007 Joe Weinberger, Jr. Page 14 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 ______________________, 2018. ___________________________ Notary Public My Commission expires: __________________ 82 Child Support Contract # 1007 Joe Weinberger, Jr. Page 15 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 ______________, 2018 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 ______________________, 2018. ___________________________ 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.” 83 Child Support Contract # 1007 Joe Weinberger, Jr. Page 16 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 84 Child Support Contract # 1007 Joe Weinberger, Jr. Page 17 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. 85 Child Support Contract # 1007 Joe Weinberger, Jr. Page 18 Joseph Weinberger, Jr., Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 86 Child Support Contract # 1007 Joe Weinberger, Jr. Page 19 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 87 Child Support Contract # 1007 Joe Weinberger, Jr. Page 20 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 88 Child Support Contract # 1007 Joe Weinberger, Jr. Page 21 ATTACHMENT I PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES BUSINESS ASSOCIATE ADDENDUM This Agreement is made effective the 1st day of July, 2018, 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. 89 Child Support Contract # 1007 Joe Weinberger, Jr. Page 22 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. 90 Child Support Contract # 1007 Joe Weinberger, Jr. Page 23 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. 91 Child Support Contract # 1007 Joe Weinberger, Jr. Page 24 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 92 Child Support Contract # 1007 Joe Weinberger, Jr. Page 25 Attachment M State Certification Contractor Certifications Required by North Carolina Law Instructions The person who signs this document should read the text of the statutes listed below and consult with counsel and other knowledgeable persons before signing.  The text of Article 2 of Chapter 64 of the North Carolina General Statutes can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_64/Article_2.pdf  The text of G.S. 105-164.8(b) can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105- 164.8.pdf  The text of G.S. 143-48.5 (S.L. 2013-418, s. 2.(d)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf  The text of G.S. 143-59.1 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.1.pdf  The text of G.S. 143-59.2 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.2.pdf  The text of G.S. 147-33.95(g) (S.L. 2013-418, s. 2.(e)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf Certifications (1) Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the Contractor named below, and the Contractor’s subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system." E-Verify System Link: www.uscis.gov Local government is specifically exempt from Article 2 of Chapter 64 of the North Carolina General Statutes. However, local government is subject to and must comply with North Carolina General Statute §153A-99.1., which states in part as follows: Counties Must Use E-Verify. - Each county shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States. (2) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below is not an “ineligible Contractor” as set forth in G.S. 143-59.1(a) because: (a) Neither the Contractor nor any of its affiliates has refused to collect the use tax levied under Article 5 of Chapter 105 of the General Statutes on its sales delivered to North Carolina when the sales met one or more of the conditions of G.S. 105-164.8(b); and (b) [check one of the following boxes] 93 Child Support Contract # 1007 Joe Weinberger, Jr. Page 26 Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001; or The Contractor or one of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001 but the United States is not the principal market for the public trading of the stock of the corporation incorporated in the tax haven country. (3) Pursuant to G.S. 143-59.2(b), the undersigned hereby certifies that none of the Contractor’s officers, directors, or owners (if the Contractor is an unincorporated business entity) has been convicted of any violation of Chapter 78A of the General Statutes or the Securities Act of 1933 or the Securities Exchange Act of 1934 within 10 years immediately prior to the date of the bid solicitation. (4) The undersigned hereby certifies further that: (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. 94 Child Support Contract # 1007 Joe Weinberger, Jr. Page 27 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 95 Child Support Contract # 1007 Joe Weinberger, Jr. Page 28 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 96 Child Support Contract # 1007 Joe Weinberger, Jr. Page 29 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. 97 Contract # 1008 Thomas L. Fitzgerald Page 1 Contract # 1008 Fiscal Year Begins July 1, 2018 Ends June 30, 2019 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, 2018 and shall terminate on June 30, 2019. 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. 98 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. 99 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 Tracey L. Kendrick ____________________________ _________________________ 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 100 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. 101 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. 102 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. 103 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. 104 Contract # 1008 Thomas L. Fitzgerald Page 8 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term “key personnel” includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105- 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. 105 Contract # 1008 Thomas L. Fitzgerald Page 9 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, 2018, 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, 2019. 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 106 Contract # 1008 Thomas L. Fitzgerald Page 10 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. 107 Contract # 1008 Thomas L. Fitzgerald Page 11 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 108 Contract # 1008 Thomas L. Fitzgerald Page 12 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). 109 Contract # 1008 Thomas L. Fitzgerald Page 13 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 110 Contract # 1008 Thomas L. Fitzgerald Page 14 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 111 Contract # 1008 Thomas L. Fitzgerald Page 15 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 ______________________, 2018. ___________________________ Notary Public My Commission expires: __________________ 112 Contract # 1008 Thomas L. Fitzgerald Page 16 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 ______________, 2018 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 ______________________, 2018. ___________________________ 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.” 113 Contract # 1008 Thomas L. Fitzgerald Page 17 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 114 Contract # 1008 Thomas L. Fitzgerald Page 18 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. 115 Contract # 1008 Thomas L. Fitzgerald Page 19 Thomas L. Fitzgerald, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 116 Contract # 1008 Thomas L. Fitzgerald Page 20 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 117 Contract # 1008 Thomas L. Fitzgerald Page 21 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 118 Contract # 1008 Thomas L. Fitzgerald Page 22 ATTACHMENT I PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES BUSINESS ASSOCIATE ADDENDUM This Agreement is made effective the 1st day of July, 2018, 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. 119 Contract # 1008 Thomas L. Fitzgerald Page 23 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. 120 Contract # 1008 Thomas L. Fitzgerald Page 24 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. 121 Contract # 1008 Thomas L. Fitzgerald Page 25 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 122 Contract # 1008 Thomas L. Fitzgerald Page 26 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] 123 Contract # 1008 Thomas L. Fitzgerald Page 27 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. 124 Contract # 1008 Thomas L. Fitzgerald Page 28 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 125 Contract # 1008 Thomas L. Fitzgerald Page 29 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 126 Contract # 1008 Thomas L. Fitzgerald Page 30 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.)   127 Contract # 1008 Thomas L. Fitzgerald Page 31 Budget Addendum Name Thomas L. Fitzgerald STATEMENT OF TRAVEL EXPENSES Per Diem rates for meals  Month of , 2018 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, 2018 return after 7:00 pm (day of return) Current reimbursement rate for mileage is:>>>>> 0.545 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, 2018 Revised January 2, 2018 128 Child Support Contract # 1009 Thomas L. Fitzgerald Page 1 Contract # 1009 Fiscal Year Begins July 1, 2018 Ends June 30, 2019 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, 2018 and shall terminate on June 30, 2019. 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. 129 Child Support Contract # 1009 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. 130 Child Support Contract # 1009 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 Tracey L. Kendrick ____________________________ _________________________ 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 131 Child Support Contract # 1009 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. 132 Child Support Contract # 1009 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. 133 Child Support Contract # 1009 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. 134 Child Support Contract # 1009 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. 135 Child Support Contract # 1009 Thomas L. Fitzgerald Page 8 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term “key personnel” includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105- 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. 136 Child Support Contract # 1009 Thomas L. Fitzgerald Page 9 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, 2018, 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, 2018, and unless sooner terminated by 30 days’ notice of either party shall exist and continue through June 30, 2019. 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. 137 Child Support Contract # 1009 Thomas L. Fitzgerald Page 10 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 138 Child Support Contract # 1009 Thomas L. Fitzgerald Page 11 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). 139 Child Support Contract # 1009 Thomas L. Fitzgerald Page 12 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 140 Child Support Contract # 1009 Thomas L. Fitzgerald Page 13 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 141 Child Support Contract # 1009 Thomas L. Fitzgerald Page 14 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 ______________________, 2018. ___________________________ Notary Public My Commission expires: __________________ 142 Child Support Contract # 1009 Thomas L. Fitzgerald Page 15 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 ______________, 2018 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 ______________________, 2018. ___________________________ 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.” 143 Child Support Contract # 1009 Thomas L. Fitzgerald Page 16 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 144 Child Support Contract # 1009 Thomas L. Fitzgerald Page 17 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. 145 Child Support Contract # 1009 Thomas L. Fitzgerald Page 18 Thomas L. Fitzgerald, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 146 Child Support Contract # 1009 Thomas L. Fitzgerald Page 19 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 147 Child Support Contract # 1009 Thomas L. Fitzgerald Page 20 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 148 Child Support Contract # 1009 Thomas L. Fitzgerald Page 21 ATTACHMENT I PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES BUSINESS ASSOCIATE ADDENDUM This Agreement is made effective the 1st day of July, 2018, 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. 149 Child Support Contract # 1009 Thomas L. Fitzgerald Page 22 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. 150 Child Support Contract # 1009 Thomas L. Fitzgerald Page 23 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. 151 Child Support Contract # 1009 Thomas L. Fitzgerald Page 24 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 152 Child Support Contract # 1009 Thomas L. Fitzgerald Page 25 Attachment M State Certification Contractor Certifications Required by North Carolina Law Instructions The person who signs this document should read the text of the statutes listed below and consult with counsel and other knowledgeable persons before signing.  The text of Article 2 of Chapter 64 of the North Carolina General Statutes can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_64/Article_2.pdf  The text of G.S. 105-164.8(b) can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105- 164.8.pdf  The text of G.S. 143-48.5 (S.L. 2013-418, s. 2.(d)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf  The text of G.S. 143-59.1 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.1.pdf  The text of G.S. 143-59.2 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.2.pdf  The text of G.S. 147-33.95(g) (S.L. 2013-418, s. 2.(e)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf Certifications (1) Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the Contractor named below, and the Contractor’s subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system." E-Verify System Link: www.uscis.gov Local government is specifically exempt from Article 2 of Chapter 64 of the North Carolina General Statutes. However, local government is subject to and must comply with North Carolina General Statute §153A-99.1., which states in part as follows: Counties Must Use E-Verify. - Each county shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States. (2) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below is not an “ineligible Contractor” as set forth in G.S. 143-59.1(a) because: (a) Neither the Contractor nor any of its affiliates has refused to collect the use tax levied under Article 5 of Chapter 105 of the General Statutes on its sales delivered to North Carolina when the sales met one or more of the conditions of G.S. 105-164.8(b); and (b) [check one of the following boxes] 153 Child Support Contract # 1009 Thomas L. Fitzgerald Page 26 Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001; or The Contractor or one of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001 but the United States is not the principal market for the public trading of the stock of the corporation incorporated in the tax haven country. (3) Pursuant to G.S. 143-59.2(b), the undersigned hereby certifies that none of the Contractor’s officers, directors, or owners (if the Contractor is an unincorporated business entity) has been convicted of any violation of Chapter 78A of the General Statutes or the Securities Act of 1933 or the Securities Exchange Act of 1934 within 10 years immediately prior to the date of the bid solicitation. (4) The undersigned hereby certifies further that: (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. 154 Child Support Contract # 1009 Thomas L. Fitzgerald Page 27 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 155 Child Support Contract # 1009 Thomas L. Fitzgerald Page 28 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 156 Child Support Contract # 1009 Thomas L. Fitzgerald Page 29 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.)   157 Child Support Contract # 1009 Thomas L. Fitzgerald Page 30 Budget Addendum Name Thomas L. Fitzgerald STATEMENT OF TRAVEL EXPENSES Per Diem rates for meals  Month of , 2018 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, 2018 return after 7:00 pm (day of return) Current reimbursement rate for mileage is:>>>>> 0.545 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, 2018 Revised January 2, 2018 158 Contract # 1010 Walter Cates Page 1 Contract # 1010 Fiscal Year Begins July 1, 2018 Ends June 30, 2019 This contract is hereby entered into by and between the Person County Department of Social Services (the "County") and Walter B. Cates (the "Contractor") (referred to collectively as the “Parties”). The Contractor’s federal tax identification number is 56-135 0472. 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, 2018 and shall terminate on June 30, 2019. 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 Walter B. Cates is $75 per hour. 159 Contract # 1010 Walter Cates 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 Walter B. Cates, Attorney P.O. Box 770 P.O. Box 679 355B South Madison Boulevard 36 Court Street Roxboro, NC 27573 Roxboro, NC 27573 (336) 599-8361 (336) 597-2251 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. 160 Contract # 1010 Walter Cates 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date PERSON COUNTY Tracey L. Kendrick ____________________________ _________________________ 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 161 Contract # 1010 Walter Cates 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. 162 Contract # 1010 Walter Cates 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. 163 Contract # 1010 Walter Cates 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. 164 Contract # 1010 Walter Cates 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. 165 Contract # 1010 Walter Cates Page 8 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term “key personnel” includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105- 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. 166 Contract # 1010 Walter Cates Page 9 ATTACHMENT B – Scope of Work Federal Tax Id. 56-135 0472 NORTH CAROLINA DUPLICATE ORIGINAL PERSON COUNTY LEGAL SERVICES AGREEMENT THIS Agreement, made and entered into this the 1st day of July, 2018, by and between the PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, hereinafter referred to as Agency, and Walter B. Cates, 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, 2019. 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. 167 Contract # 1010 Walter Cates Page 10 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 168 Contract # 1010 Walter Cates Page 11 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). 169 Contract # 1010 Walter Cates Page 12 The site(s) for the performance of work done in connection with the specific agreement are listed below: 36 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 170 Contract # 1010 Walter Cates Page 13 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 171 Contract # 1010 Walter Cates Page 14 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 Walter B. Cates _________________________________ _________________________ Signature Date NORTH CAROLINA PERSON COUNTY I, __________________________, a Notary Public of said County and State do hereby certify that Walter B. Cates, 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 ______________________, 2018. ___________________________ Notary Public My Commission expires: __________________ 172 Contract # 1010 Walter Cates Page 15 ATTACHMENT E – OVERDUE TAXES ______________, 2018 To: Person County Department of Social Services Certification: I, Walter B. Cates, 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, Walter B. Cates, 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date NORTH CAROLINA PERSON COUNTY Sworn to and subscribed before me this _________ day of ______________________, 2018. ___________________________ 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.” 173 Contract # 1010 Walter Cates Page 16 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 174 Contract # 1010 Walter Cates Page 17 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. 175 Contract # 1010 Walter Cates Page 18 Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 176 Contract # 1010 Walter Cates Page 19 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 177 Contract # 1010 Walter Cates Page 20 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 178 Contract # 1010 Walter Cates Page 21 ATTACHMENT I PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES BUSINESS ASSOCIATE ADDENDUM This Agreement is made effective the 1st day of July, 2018, by and between Person County Department of Social Services (“Covered Entity”) and Walter B. Cates, 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. 179 Contract # 1010 Walter Cates Page 22 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. 180 Contract # 1010 Walter Cates Page 23 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. 181 Contract # 1010 Walter Cates Page 24 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 182 Contract # 1010 Walter Cates Page 25 Attachment M State Certification Contractor Certifications Required by North Carolina Law Instructions The person who signs this document should read the text of the statutes listed below and consult with counsel and other knowledgeable persons before signing.  The text of Article 2 of Chapter 64 of the North Carolina General Statutes can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_64/Article_2.pdf  The text of G.S. 105-164.8(b) can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105- 164.8.pdf  The text of G.S. 143-48.5 (S.L. 2013-418, s. 2.(d)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf  The text of G.S. 143-59.1 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.1.pdf  The text of G.S. 143-59.2 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.2.pdf  The text of G.S. 147-33.95(g) (S.L. 2013-418, s. 2.(e)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf Certifications (1) Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the Contractor named below, and the Contractor’s subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system." E-Verify System Link: www.uscis.gov Local government is specifically exempt from Article 2 of Chapter 64 of the North Carolina General Statutes. However, local government is subject to and must comply with North Carolina General Statute §153A-99.1., which states in part as follows: Counties Must Use E-Verify. - Each county shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States. (2) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below is not an “ineligible Contractor” as set forth in G.S. 143-59.1(a) because: (a) Neither the Contractor nor any of its affiliates has refused to collect the use tax levied under Article 5 of Chapter 105 of the General Statutes on its sales delivered to North Carolina when the sales met one or more of the conditions of G.S. 105-164.8(b); and (b) [check one of the following boxes] 183 Contract # 1010 Walter Cates Page 26 Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001; or The Contractor or one of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001 but the United States is not the principal market for the public trading of the stock of the corporation incorporated in the tax haven country. (3) Pursuant to G.S. 143-59.2(b), the undersigned hereby certifies that none of the Contractor’s officers, directors, or owners (if the Contractor is an unincorporated business entity) has been convicted of any violation of Chapter 78A of the General Statutes or the Securities Act of 1933 or the Securities Exchange Act of 1934 within 10 years immediately prior to the date of the bid solicitation. (4) The undersigned hereby certifies further that: (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: Walter B. Cates Signature of Contractor’s Authorized Agent Date Printed Name of Contractor’s Authorized Agent Walter B. Cates 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. 184 Contract # 1010 Walter Cates Page 27 Attachment N Person County Department of Social Services CERTIFICATION REGARDING NONDISCRIMINATION, CLEAN AIR ACT, CLEAN WATER ACT Certification Regarding Nondiscrimination Walter B. Cates 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. Walter B. Cates 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: Walter B. Cates, 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). Walter B. Cates 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: Walter B. Cates must also ensure equal opportunity access for persons with disabilities. This includes ensuring that communications with 185 Contract # 1010 Walter Cates Page 28 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 186 Contract # 1010 Walter Cates Page 29 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)). Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date (Certification signature should be same as Contract signature.)   187 Child Support Contract # 1011 Walter Cates Page 1 Contract # 1011 Fiscal Year Begins July 1, 2018 Ends June 30, 2019 This contract is hereby entered into by and between the Person County Department of Social Services (the "County") and Walter B. Cates (the "Contractor") (referred to collectively as the “Parties”). The Contractor’s federal tax identification number is 56-135 0472. 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, 2018 and shall terminate on June 30, 2019. 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 Walter B. Cates is $75 per hour. 188 Child Support Contract # 1011 Walter Cates 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 Walter B. Cates, Attorney P.O. Box 770 P.O. Box 679 355B South Madison Boulevard 36 Court Street Roxboro, NC 27573 Roxboro, NC 27573 (336) 599-8361 (336) 597-2251 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. 189 Child Support Contract # 1011 Walter Cates 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date PERSON COUNTY Tracey L. Kendrick ____________________________ _________________________ 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 190 Child Support Contract # 1011 Walter Cates 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. 191 Child Support Contract # 1011 Walter Cates 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. 192 Child Support Contract # 1011 Walter Cates 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. 193 Child Support Contract # 1011 Walter Cates 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. 194 Child Support Contract # 1011 Walter Cates Page 8 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term “key personnel” includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105- 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. 195 Child Support Contract # 1011 Walter Cates Page 9 ATTACHMENT B – Scope of Work Federal Tax Id. 56-135 0472 STATE OF NORTH CAROLINA ) ) ) CONTRACT FOR LEGAL SERVICES ) COUNTY OF Person ) THIS CONTRACT made and entered into this the 1st day of July, 2018, by and between the Person County Commissioners, party of the first part, and Walter B. Cates, 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, 2018, and unless sooner terminated by 30 days’ notice of either party shall exist and continue through June 30, 2019. 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. 196 Child Support Contract # 1011 Walter Cates Page 10 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 197 Child Support Contract # 1011 Walter Cates Page 11 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). 198 Child Support Contract # 1011 Walter Cates Page 12 The site(s) for the performance of work done in connection with the specific agreement are listed below: 36 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 199 Child Support Contract # 1011 Walter Cates Page 13 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 200 Child Support Contract # 1011 Walter Cates Page 14 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 Walter B. Cates _________________________________ _________________________ Signature Date NORTH CAROLINA PERSON COUNTY I, __________________________, a Notary Public of said County and State do hereby certify that Walter B. Cates, 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 ______________________, 2018. ___________________________ Notary Public My Commission expires: __________________ 201 Child Support Contract # 1011 Walter Cates Page 15 ATTACHMENT E – OVERDUE TAXES ______________, 2018 To: Person County Department of Social Services Certification: I, Walter B. Cates, 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, Walter B. Cates, 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date NORTH CAROLINA PERSON COUNTY Sworn to and subscribed before me this _________ day of ______________________, 2018. ___________________________ 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.” 202 Child Support Contract # 1011 Walter Cates Page 16 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 203 Child Support Contract # 1011 Walter Cates Page 17 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. 204 Child Support Contract # 1011 Walter Cates Page 18 Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 205 Child Support Contract # 1011 Walter Cates Page 19 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 206 Child Support Contract # 1011 Walter Cates Page 20 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 207 Child Support Contract # 1011 Walter Cates Page 21 ATTACHMENT I PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES BUSINESS ASSOCIATE ADDENDUM This Agreement is made effective the 1st day of July, 2018, by and between Person County Department of Social Services (“Covered Entity”) and Walter B. Cates, 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. 208 Child Support Contract # 1011 Walter Cates Page 22 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. 209 Child Support Contract # 1011 Walter Cates Page 23 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. 210 Child Support Contract # 1011 Walter Cates Page 24 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. Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 211 Child Support Contract # 1011 Walter Cates Page 25 Attachment M State Certification Contractor Certifications Required by North Carolina Law Instructions The person who signs this document should read the text of the statutes listed below and consult with counsel and other knowledgeable persons before signing.  The text of Article 2 of Chapter 64 of the North Carolina General Statutes can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_64/Article_2.pdf  The text of G.S. 105-164.8(b) can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105- 164.8.pdf  The text of G.S. 143-48.5 (S.L. 2013-418, s. 2.(d)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf  The text of G.S. 143-59.1 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.1.pdf  The text of G.S. 143-59.2 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.2.pdf  The text of G.S. 147-33.95(g) (S.L. 2013-418, s. 2.(e)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf Certifications (1) Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the Contractor named below, and the Contractor’s subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system." E-Verify System Link: www.uscis.gov Local government is specifically exempt from Article 2 of Chapter 64 of the North Carolina General Statutes. However, local government is subject to and must comply with North Carolina General Statute §153A-99.1., which states in part as follows: Counties Must Use E-Verify. - Each county shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States. (2) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below is not an “ineligible Contractor” as set forth in G.S. 143-59.1(a) because: (a) Neither the Contractor nor any of its affiliates has refused to collect the use tax levied under Article 5 of Chapter 105 of the General Statutes on its sales delivered to North Carolina when the sales met one or more of the conditions of G.S. 105-164.8(b); and (b) [check one of the following boxes] 212 Child Support Contract # 1011 Walter Cates Page 26 Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001; or The Contractor or one of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001 but the United States is not the principal market for the public trading of the stock of the corporation incorporated in the tax haven country. (3) Pursuant to G.S. 143-59.2(b), the undersigned hereby certifies that none of the Contractor’s officers, directors, or owners (if the Contractor is an unincorporated business entity) has been convicted of any violation of Chapter 78A of the General Statutes or the Securities Act of 1933 or the Securities Exchange Act of 1934 within 10 years immediately prior to the date of the bid solicitation. (4) The undersigned hereby certifies further that: (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: Walter B. Cates Signature of Contractor’s Authorized Agent Date Printed Name of Contractor’s Authorized Agent Walter B. Cates 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. 213 Child Support Contract # 1011 Walter Cates Page 27 Attachment N Person County Department of Social Services CERTIFICATION REGARDING NONDISCRIMINATION, CLEAN AIR ACT, CLEAN WATER ACT Certification Regarding Nondiscrimination Walter B. Cates 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. Walter B. Cates 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: Walter B. Cates, 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). Walter B. Cates 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: Walter B. Cates must also ensure equal opportunity access for persons with disabilities. This includes ensuring that communications with 214 Child Support Contract # 1011 Walter Cates Page 28 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 215 Child Support Contract # 1011 Walter Cates Page 29 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)). Walter B. Cates, Attorney At Law ____________________________ _________________________ Signature Date (Certification signature should be same as Contract signature.)   216 Contract # 1012 Julie Ramsey Page 1 Contract # 1012 Fiscal Year Begins July 1, 2018 Ends June 30, 2019 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, 2018 and shall terminate on June 30, 2019. 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. 217 Contract # 1012 Julie Ramsey 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 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. 218 Contract # 1012 Julie Ramsey 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. Julie A. Ramsey, Attorney At Law ____________________________ _________________________ Signature Date PERSON COUNTY Tracey L. Kendrick ____________________________ _________________________ 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 219 Contract # 1012 Julie Ramsey 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. 220 Contract # 1012 Julie Ramsey 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. 221 Contract # 1012 Julie Ramsey 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. 222 Contract # 1012 Julie Ramsey 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. 223 Contract # 1012 Julie Ramsey Page 8 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term “key personnel” includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105- 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. 224 Contract # 1012 Julie Ramsey Page 9 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, 2018, 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, 2019. 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. 225 Contract # 1012 Julie Ramsey Page 10 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 226 Contract # 1012 Julie Ramsey Page 11 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). 227 Contract # 1012 Julie Ramsey Page 12 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 228 Contract # 1012 Julie Ramsey Page 13 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 229 Contract # 1012 Julie Ramsey Page 14 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 ______________________, 2018. ___________________________ Notary Public My Commission expires: __________________ 230 Contract # 1012 Julie Ramsey Page 15 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 ______________, 2018 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 ______________________, 2018. ___________________________ 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.” 231 Contract # 1012 Julie Ramsey Page 16 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 232 Contract # 1012 Julie Ramsey Page 17 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. 233 Contract # 1012 Julie Ramsey Page 18 Julie A. Ramsey, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 234 Contract # 1012 Julie Ramsey Page 19 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 235 Contract # 1012 Julie Ramsey Page 20 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 236 Contract # 1012 Julie Ramsey Page 21 ATTACHMENT I PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES BUSINESS ASSOCIATE ADDENDUM This Agreement is made effective the 1st day of July, 2018, 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. 237 Contract # 1012 Julie Ramsey Page 22 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. 238 Contract # 1012 Julie Ramsey Page 23 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. 239 Contract # 1012 Julie Ramsey Page 24 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 240 Contract # 1012 Julie Ramsey Page 25 Attachment M State Certification Contractor Certifications Required by North Carolina Law Instructions The person who signs this document should read the text of the statutes listed below and consult with counsel and other knowledgeable persons before signing.  The text of Article 2 of Chapter 64 of the North Carolina General Statutes can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_64/Article_2.pdf  The text of G.S. 105-164.8(b) can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105- 164.8.pdf  The text of G.S. 143-48.5 (S.L. 2013-418, s. 2.(d)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf  The text of G.S. 143-59.1 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.1.pdf  The text of G.S. 143-59.2 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.2.pdf  The text of G.S. 147-33.95(g) (S.L. 2013-418, s. 2.(e)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf Certifications (1) Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the Contractor named below, and the Contractor’s subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system." E-Verify System Link: www.uscis.gov Local government is specifically exempt from Article 2 of Chapter 64 of the North Carolina General Statutes. However, local government is subject to and must comply with North Carolina General Statute §153A-99.1., which states in part as follows: Counties Must Use E-Verify. - Each county shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States. (2) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below is not an “ineligible Contractor” as set forth in G.S. 143-59.1(a) because: (a) Neither the Contractor nor any of its affiliates has refused to collect the use tax levied under Article 5 of Chapter 105 of the General Statutes on its sales delivered to North Carolina when the sales met one or more of the conditions of G.S. 105-164.8(b); and (b) [check one of the following boxes] 241 Contract # 1012 Julie Ramsey Page 26 Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001; or The Contractor or one of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001 but the United States is not the principal market for the public trading of the stock of the corporation incorporated in the tax haven country. (3) Pursuant to G.S. 143-59.2(b), the undersigned hereby certifies that none of the Contractor’s officers, directors, or owners (if the Contractor is an unincorporated business entity) has been convicted of any violation of Chapter 78A of the General Statutes or the Securities Act of 1933 or the Securities Exchange Act of 1934 within 10 years immediately prior to the date of the bid solicitation. (4) The undersigned hereby certifies further that: (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. 242 Contract # 1012 Julie Ramsey Page 27 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 243 Contract # 1012 Julie Ramsey Page 28 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 244 Contract # 1012 Julie Ramsey Page 29 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. 245 Child Support Contract # 1013 Julie Ramsey Page 1 Contract # 1013 Fiscal Year Begins July 1, 2018 Ends June 30, 2019 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, 2018 and shall terminate on June 30, 2019. 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. 246 Child Support Contract # 1013 Julie Ramsey 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 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. 247 Child Support Contract # 1013 Julie Ramsey 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. Julie A. Ramsey, Attorney At Law ____________________________ _________________________ Signature Date PERSON COUNTY Tracey L. Kendrick ____________________________ _________________________ 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 248 Child Support Contract # 1013 Julie Ramsey 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. 249 Child Support Contract # 1013 Julie Ramsey 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. 250 Child Support Contract # 1013 Julie Ramsey 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. 251 Child Support Contract # 1013 Julie Ramsey 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. 252 Child Support Contract # 1013 Julie Ramsey Page 8 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Time of the Essence: Time is of the essence in the performance of this contract. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of the County. The term “key personnel” includes any and all persons identified as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse the County for loss of, or damage to, such property. At the termination of this contract, the Contractor shall contact the County for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates established in County policy. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105- 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. 253 Child Support Contract # 1013 Julie Ramsey Page 9 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, 2018, 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, 2018, and unless sooner terminated by 30 days’ notice of either party shall exist and continue through June 30, 2019. 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. 254 Child Support Contract # 1013 Julie Ramsey Page 10 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 255 Child Support Contract # 1013 Julie Ramsey Page 11 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). 256 Child Support Contract # 1013 Julie Ramsey Page 12 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 257 Child Support Contract # 1013 Julie Ramsey Page 13 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 258 Child Support Contract # 1013 Julie Ramsey Page 14 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 ______________________, 2018. ___________________________ Notary Public My Commission expires: __________________ 259 Child Support Contract # 1013 Julie Ramsey Page 15 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 ______________, 2018 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 ______________________, 2018. ___________________________ 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.” 260 Child Support Contract # 1013 Julie Ramsey Page 16 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 261 Child Support Contract # 1013 Julie Ramsey Page 17 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. 262 Child Support Contract # 1013 Julie Ramsey Page 18 Julie A. Ramsey, Attorney At Law ____________________________ _________________________ Signature Date Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 263 Child Support Contract # 1013 Julie Ramsey Page 19 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 264 Child Support Contract # 1013 Julie Ramsey Page 20 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 265 Child Support Contract # 1013 Julie Ramsey Page 21 ATTACHMENT I PERSON COUNTY DEPARTMENT OF SOCIAL SERVICES BUSINESS ASSOCIATE ADDENDUM This Agreement is made effective the 1st day of July, 2018, 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. 266 Child Support Contract # 1013 Julie Ramsey Page 22 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. 267 Child Support Contract # 1013 Julie Ramsey Page 23 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. 268 Child Support Contract # 1013 Julie Ramsey Page 24 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 Tracey L. Kendrick ____________________________ _________________________ Chairman, County Commissioners Date 269 Child Support Contract # 1013 Julie Ramsey Page 25 Attachment M State Certification Contractor Certifications Required by North Carolina Law Instructions The person who signs this document should read the text of the statutes listed below and consult with counsel and other knowledgeable persons before signing.  The text of Article 2 of Chapter 64 of the North Carolina General Statutes can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_64/Article_2.pdf  The text of G.S. 105-164.8(b) can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105- 164.8.pdf  The text of G.S. 143-48.5 (S.L. 2013-418, s. 2.(d)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf  The text of G.S. 143-59.1 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.1.pdf  The text of G.S. 143-59.2 can be found online at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143- 59.2.pdf  The text of G.S. 147-33.95(g) (S.L. 2013-418, s. 2.(e)) can be found online at: http://www.ncga.state.nc.us/Sessions/2013/Bills/House/PDF/H786v6.pdf Certifications (1) Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the undersigned hereby certifies that the Contractor named below, and the Contractor’s subcontractors, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system." E-Verify System Link: www.uscis.gov Local government is specifically exempt from Article 2 of Chapter 64 of the North Carolina General Statutes. However, local government is subject to and must comply with North Carolina General Statute §153A-99.1., which states in part as follows: Counties Must Use E-Verify. - Each county shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States. (2) Pursuant to G.S. 143-59.1(b), the undersigned hereby certifies that the Contractor named below is not an “ineligible Contractor” as set forth in G.S. 143-59.1(a) because: (a) Neither the Contractor nor any of its affiliates has refused to collect the use tax levied under Article 5 of Chapter 105 of the General Statutes on its sales delivered to North Carolina when the sales met one or more of the conditions of G.S. 105-164.8(b); and (b) [check one of the following boxes] 270 Child Support Contract # 1013 Julie Ramsey Page 26 Neither the Contractor nor any of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001; or The Contractor or one of its affiliates has incorporated or reincorporated in a “tax haven country” as set forth in G.S. 143-59.1(c)(2) after December 31, 2001 but the United States is not the principal market for the public trading of the stock of the corporation incorporated in the tax haven country. (3) Pursuant to G.S. 143-59.2(b), the undersigned hereby certifies that none of the Contractor’s officers, directors, or owners (if the Contractor is an unincorporated business entity) has been convicted of any violation of Chapter 78A of the General Statutes or the Securities Act of 1933 or the Securities Exchange Act of 1934 within 10 years immediately prior to the date of the bid solicitation. (4) The undersigned hereby certifies further that: (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. 271 Child Support Contract # 1013 Julie Ramsey Page 27 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 272 Child Support Contract # 1013 Julie Ramsey Page 28 communications with people without disabilities. Contractors that do not provide persons with disabilities equal opportunity access to programs may risk violating prohibitions against disability discrimination in the Rehabilitation Act of 1978, the American with Disabilities Act (ADA) of 1990, as amended, and SNAP program regulations. DOJ published revised final regulations implementing Title II and Title III of the ADA on September 15, 2010. These regulations are codified at 28 CFR Part 35 "Nondiscrimination on the Basis of Disability in State and Local Government Services" and at 28 CFR Part 36 "Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities". In accordance with the implementing regulations, Contractors must provide auxiliary aids and services where necessary to ensure effective communication and equal opportunity access to program benefits for individuals with disabilities. The type of auxiliary aids and services required will vary, but a Contractor may not require an individual with a disability to bring another individual to interpret, and may rely on a person accompanying a disabled individual only in limited circumstances. When a Contractor communicates with applicants and beneficiaries by telephone, it must provide text telephone services (ITY) or have access to an equally effective electronic telecommunications system to communicate with individuals who are deaf, hard of hearing, or hearing impaired. Contractors must also ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. For more information, please visit the ADA website: http://www.ada.gov. IV. The Clean Air Act, Section 306; 42 U.S.C. §7401 et seq. (1970) a. No Federal agency may enter into any contract with any person who is convicted of any offense under section 113(c) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under section 113(c)(2), the condition giving rise to the conviction also shall be considered to include any substantive violation of this Act associated with the violation of 113(c)(2). The Administrator may extend this prohibition to other facilities owned or operated by the convicted person. b. The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a). c. In order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's air, the President shall, not more than 180 days after enactment of the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement. d. The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. e. The President shall annually report to the Congress on measures taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section. [42 U.S.C. 7606] V. The Clean Water Act; 33 U.S.C. §1251 et seq. (1972) a. No Federal agency may enter into any contract with any person who has been convicted of any offense under Section 309(c) of this Act for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The 273 Child Support Contract # 1013 Julie Ramsey Page 29 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.) 274 275 276 277 278 279 AGENDA ABSTRACT Meeting Date: August 6, 2018 Agenda Title: Tax Adjustments for August 2018 Summary of Information: Attached please find the tax releases and motor vehicle pending refunds: 1. August 2018 tax releases. 2. August 2018 North Carolina Vehicle Tax System (NCVTS) pending refunds. Recommended Action: Motion to accept reports and authorize refunds. Submitted By: Russell Jones, Tax Administrator 280 NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT 15473114 2014-48187 DY: PERSONAL PROPERTY BSG 6/25/2018 11:13:26 AM OAKLEY & SON CONSTRUCTION BANKRUPTCY DISCHARGE PER COURT C ADVLTAX 6,233.00 8.52 BANKRUPTCY DISCHARGE TOTAL RELEASES:8.52 15473115 2015-50740 DY: PERSONAL PROPERTY BSG 6/25/2018 11:16:41 AM OAKLEY & SON CONSTRUCTION BANKRUPTCY DISCHARGE PER COURT C ADVLTAX 6,233.00 10.31 BANKRUPTCY DISCHARGE PER COURT C PEN FEE 6,233.00 1.03 BANKRUPTCY DISCHARGE TOTAL RELEASES:11.34 15473116 2016-53664 DY: PERSONAL PROPERTY BSG 6/25/2018 11:17:32 AM OAKLEY & SON CONSTRUCTION BANKRUPTCY DISCHARGE PER COURT C ADVLTAX 6,233.00 9.60 BANKRUPTCY DISCHARGE PER COURT C PEN FEE 6,233.00 0.96 CLAIM PAID IN FULL TOTAL RELEASES:10.56 36864925 2018-9522 DY:0RP:73 7 3 SRJ 7/13/2018 3:22:01 PM NC DEPT OF TRANSPORTATION STORMWATER FEE ADJUSTMENT SW30FFEEFEE 57.00 1.00 PUBLIC HIGHWAY EXEMPT FROM STORMWATER TOTAL RELEASES:1.00 36864926 2018-9523 DY:0RP:73 41 SRJ 7/13/2018 3:22:37 PM NC DEPT OF TRANSPORTATION STORMWATER FEE ADJUSTMENT SW30FFEEFEE 14,960.00 1.00 PUBLIC HIGHWAY EXEMPT FROM STORMWATER TOTAL RELEASES:1.00 36864911 2018-9552 DY:0RP:67 18 2 SRJ 7/13/2018 3:23:04 PM NC DEPT OF TRANSPORTATION STORMWATER FEE ADJUSTMENT SW30FFEEFEE 23,241.00 1.00 PUBLIC HIGHWAY EXEMPT FROM STORMWATER TOTAL RELEASES:1.00 36864904 2018-16635 DY:0RP:A64 7 SRJ 7/13/2018 3:23:26 PM NC DEPT OF TRANSPORTATION STORMWATER FEE ADJUSTMENT SW30FFEEFEE 36,000.00 1.00 PUBLIC HIGHWAY EXEMPT FROM STORMWATER TOTAL RELEASES:1.00 36864907 2018-19382 DY:0RP:72 34 SRJ 7/13/2018 3:23:46 PM NC DEPT OF TRANSPORTATION STORMWATER FEE ADJUSTMENT SW30FFEEFEE 15,421.00 1.00 PUBLIC HIGHWAY EXEMPT FROM STORMWATER TOTAL RELEASES:1.00 30811304 2018-14310 DY:0RP:73 20A RH 7/17/2018 3:49:37 PM GENTRY MARGIE D DOUBLE CHARGED C ADVLTAX 16,597.00 116.18 DOUBLE CHARGED FIREADVLTAX 16,597.00 1.66 RELEASE BILL-DELETED AND ADDED TO 73 20 1 TOTAL RELEASES:117.84 64224101 2018-33175 DY: PERSONAL PROPERTY RH 7/17/2018 3:53:03 PM CASTEEL AARON CHANGE IN SITUS C ADVLTAX 1,240.00 8.68 CHANGE IN SITUS C PEN FEE 1,240.00 0.87 CHANGE IN SITUS CI50ADVLTAX 1,240.00 8.31 RUN DATE: 7/30/2018 9:13 AM RELEASES REPORT Person County 281 NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT CHANGE IN SITUS CI50PEN FEE 1,240.00 0.83 BUSINESS MOVED OUT OF COUNTY TOTAL RELEASES:18.69 67631201 2018-38206 DY: PERSONAL PROPERTY MP 7/18/2018 1:38:19 PM WETTERMARK WILLIAM DOUBLE CHARGED C ADVLTAX 4,925.00 34.48 DOUBLE CHARGED C PEN FEE 4,925.00 3.45 DOUBLE CHARGED FIREADVLTAX 4,925.00 0.49 DOUBLE CHARGED FIREPEN FEE 4,925.00 0.05 DOUBLE BILLED - LISTED UNDER 2018-2407 TOTAL RELEASES:38.47 28361301 2018-21591 DY: RP:A25 191 MP 7/18/2018 3:13:11 PM OAKLEY CHARLIE MORRIS JR DOUBLE CHARGED C ADVLTAX 21,596.00 151.17 DOUBLE CHARGED C PEN FEE 21,596.00 15.12 DOUBLE CHARGED FIREADVLTAX 21,596.00 2.16 DOUBLE CHARGED FIREPEN FEE 21,596.00 0.22 REMOVING 2013 TRITON 18 PRO BOAT - LISTED ON 2018-27862 TOTAL RELEASES:168.67 65732101 2018-2666 DY:0RP:A67 38D SRJ 7/18/2018 3:34:11 PM GRACE TABERNACLE HOLINESS CHUR EXEMPTION ADDED C ADVLTAX 169,493.00 1,186.45 EXEMPTION ADDED FIREADVLTAX 169,493.00 16.95 CHURCH OWNED, RELIGIOUS EXEMPTION TOTAL RELEASES:1,203.40 10276101 2018-37258 DY: PERSONAL PROPERTY RH 7/18/2018 4:21:44 PM RAYS AUTO SALES LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 2,178.00 15.25 LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 2,178.00 14.59 ADJ VALUE TOTAL RELEASES:29.84 65690201 2018-35816 DY: PERSONAL PROPERTY MP 7/19/2018 8:48:53 AM PALMER FLOSSIE DOUBLE CHARGED C ADVLTAX 12,860.00 90.02 DOUBLE CHARGED CI50ADVLTAX 12,860.00 86.16 2011 HONDA ODYSSEY LISTED ON ABSTRACT IS TAGGED TOTAL RELEASES:176.18 67582201 2018-38189 DY: PERSONAL PROPERTY MP 7/19/2018 9:12:05 AM DAY CLAIR DOUBLE CHARGED C ADVLTAX 1,210.00 8.47 DOUBLE CHARGED C PEN FEE 1,210.00 0.85 DOUBLE CHARGED FIREADVLTAX 1,210.00 0.12 DOUBLE CHARGED FIREPEN FEE 1,210.00 0.01 2003 HYUN ACCENT TAGGED JAN 1, 2018 PLATE TURNED IN 5/17/2018 - LIST AS UNTAGGED FOR 2019 TOTAL RELEASES:9.45 23720301 2018-22203 DY: PERSONAL PROPERTY MP 7/19/2018 9:28:39 AM LONG LACEY DOUBLE CHARGED C ADVLTAX 51,936.00 363.55 DOUBLE CHARGED FIREADVLTAX 51,936.00 5.19 DOUBLE BILLED - DW ON A51 117 TOTAL RELEASES:368.74 RUN DATE: 7/30/2018 9:13 AM RELEASES REPORT Person County 282 NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT 67121201 2018-38043 DY: PERSONAL PROPERTY MP 7/19/2018 10:57:55 AM OAKLEY JIMMY RAY CHANGE IN SITUS CI50ADVLTAX 750.00 5.03 CHANGE IN SITUS CI50PEN FEE 750.00 0.50 NOT CITY TOTAL RELEASES:5.53 67121201 2018-38043 DY: PERSONAL PROPERTY MP 7/19/2018 11:09:48 AM OAKLEY JIMMY RAY CI50ADVLTAX 750.00 -5.03 CI50PEN FEE 750.00 -0.50 TOTAL RELEASES:-5.53 67121201 2018-38043 DY: PERSONAL PROPERTY MP 7/19/2018 11:11:55 AM OAKLEY JIMMY RAY CHANGE IN SITUS CI50PEN FEE 0.00 0.50 CHANGE IN SITUS CI50ADVLTAX 0.00 5.03 NOT CITY TOTAL RELEASES:5.53 49276201 2018-34863 DY: PERSONAL PROPERTY RH 7/19/2018 4:43:56 PM HENDERSON HAROLD & SHERA DOG/CAT FEE ADJUSTMENT C PEN FEE 0.00 14.29 DOG/CAT FEE ADJUSTMENT DOG FFEEFEE 0.00 3.00 RELEASE DOG/LATE LIST PM 1/31/18 TOTAL RELEASES:17.29 10353305 2018-13732 DY: RP:68 1 1 MP 7/20/2018 9:25:02 AM SHOTWELL BENNIE L LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 250.00 1.75 LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 250.00 0.03 VALUE INCREASED ON BOAT - STATES UNDER A SHED AND NOT USED IN YEAR TOTAL RELEASES:1.78 65652303 2017-21528 DY: RP:A9 91 BSG 7/20/2018 10:24:17 AM BLALOCK TIMOTHY M LIEN FEE ADJUSTMENT C GARNFEE 0.00 30.00 TOTAL RELEASES:30.00 65652303 2017-21528 DY: RP:A9 91 BSG 7/20/2018 10:25:21 AM BLALOCK TIMOTHY M REMOVED LIEN AD FEE-POSTMARK C ADVTFEE 0.00 3.00 TOTAL RELEASES:3.00 65652303 2017-21528 DY: RP:A9 91 BSG 7/20/2018 10:27:46 AM BLALOCK TIMOTHY M REMOVED LIEN AD FEE-POSTMARK C PEN FEE 0.00 0.14 TOTAL RELEASES:0.14 37322201 2018-37663 DY: PERSONAL PROPERTY MP 7/20/2018 10:38:56 AM WARD YVONNE EXEMPTION ADDED C ADVLTAX 11,266.00 78.86 EXEMPTION ADDED FIREADVLTAX 11,266.00 1.13 SR EXMP REMOVED IN ERROR TOTAL RELEASES:79.99 67665101 2018-38215 DY: PERSONAL PROPERTY RH 7/20/2018 10:53:27 AM MR TIRE DOUBLE CHARGED C ADVLTAX 138,384.00 968.69 DOUBLE CHARGED C PEN FEE 138,384.00 96.87 DOUBLE CHARGED CI50ADVLTAX 138,384.00 927.17 RUN DATE: 7/30/2018 9:13 AM RELEASES REPORT Person County 283 NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT DOUBLE CHARGED CI50PEN FEE 138,384.00 92.72 DUP BILL-SEE BILL FOR MONRO INC TOTAL RELEASES:2,085.45 66865901 2018-28368 DY:0RP:A13 196 SRJ 7/20/2018 10:59:04 AM NORFOLK FRANKLIN &DANVILLE RLW STORMWATER FEE ADJUSTMENT SW30FFEEFEE 0.00 4.00 RAILROAD EXEMPT FROM STORMWATER TOTAL RELEASES:4.00 67167201 2018-38065 DY: PERSONAL PROPERTY RH 7/20/2018 3:16:42 PM MCGOWAN JERRY LEE CHANGE IN SITUS C ADVLTAX 9,600.00 67.20 CHANGE IN SITUS C PEN FEE 9,600.00 6.72 CHANGE IN SITUS FIREADVLTAX 9,600.00 0.96 CHANGE IN SITUS FIREPEN FEE 9,600.00 0.10 BILLED IN PITT COUNTY TOTAL RELEASES:74.98 21458303 2018-28320 DY:0RP:A87 161 RH 7/20/2018 4:20:28 PM MCFARLAND SCOTTIE D APPRAISER ADJUSTED BUILDING C ADVLTAX 7,675.00 53.73 APPRAISER ADJUSTED BUILDING FIREADVLTAX 7,675.00 0.77 CORRECT OFBS TOTAL RELEASES:54.50 7868301 2018-20165 DY: RP:93 65 MP 7/23/2018 1:50:19 PM PEYNADO VINCENT LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 18.00 0.13 LISTING ADJUSTED PERSONAL PROPERTY DOG FFEEFEE 18.00 18.00 BILLED DOGS/CATS IN ERROR TOTAL RELEASES:18.13 64550101 2018-33280 DY: PERSONAL PROPERTY RH 7/23/2018 3:30:52 PM URGENT CARES OF AMERICA HOLDIN LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 574.00 4.02 LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 574.00 0.40 LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 574.00 3.85 LISTING ADJUSTED PERSONAL PROPERTY CI50PEN FEE 574.00 0.38 RECD UPDATED LISTING FORM TOTAL RELEASES:8.65 2067301 2018-8538 DY:0RP:A71 81 RH 7/24/2018 10:22:39 AM TERRELL RANDY H APPRAISER ADJUSTED BUILDING C ADVLTAX 2,172.00 15.20 APPRAISER ADJUSTED BUILDING FIREADVLTAX 2,172.00 0.22 CORRECT HVAC F18 TOTAL RELEASES:15.42 36615201 2018-35916 DY: PERSONAL PROPERTY MP 7/24/2018 1:41:22 PM CAMERON JENNIFER LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 9,731.00 68.12 LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 9,731.00 6.81 LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 9,731.00 0.97 LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 9,731.00 0.10 DID NOT OWN F/2018 - BILLED TO BETTY WHALEY TOTAL RELEASES:76.00 36615201 2018-34942 DY: PERSONAL PROPERTY MP 7/24/2018 3:03:20 PM CAMERON JENNIFER LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 2,682.00 18.77 LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 2,682.00 1.88 LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 2,682.00 0.27 RUN DATE: 7/30/2018 9:13 AM RELEASES REPORT Person County 284 NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 2,682.00 0.03 DID NOT OWN JAN 2018 - BILLED JENNIFER JUNE TOTAL RELEASES:20.95 5328301 2018-28480 DY: PERSONAL PROPERTY MP 7/24/2018 3:40:27 PM GRINSTEAD KAY P DOUBLE CHARGED C ADVLTAX 200.00 1.40 DOUBLE CHARGED DOG FFEEFEE 200.00 9.00 DOUBLE CHARGED FIREADVLTAX 200.00 0.02 DOUBLE BILLED TOTAL RELEASES:10.42 4353101 2018-37377 DY: PERSONAL PROPERTY RH 7/25/2018 8:45:56 AM TWIN BEAUTY SALON LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 867.00 6.07 LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 867.00 0.09 BUSINESS CLOSED PER WENDY 7/25 IN 2015 TOTAL RELEASES:6.16 19275302 2018-12287 DY: RP:79 9 MP 7/25/2018 10:18:43 AM STASKIEWICZ WENDY L C ADVLTAX 500.00 3.50 FIREADVLTAX 500.00 0.05 TOTAL RELEASES:3.55 55389101 2018-41542 DY: PERSONAL PROPERTY RH 7/26/2018 10:35:43 AM TOYOTA MOTOR ENG & MFG N AMERI LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 12,367.00 86.57 LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 12,367.00 1.24 SET UP DIFF ACCT# TOTAL RELEASES:87.81 46972103 2018-21381 DY: RP:A32 236 RH 7/26/2018 3:51:37 PM CMH HOMES INC LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 5,536.00 38.75 LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 5,536.00 0.55 DELETE PERSONAL PROPERTY TOTAL RELEASES:39.30 67401301 2018-8666 DY: RP:A107 5 RH 7/27/2018 3:11:47 PM GEORGE TABITHA KAYE APPRAISER ADJUSTED LAND C ADVLTAX 5,945.00 41.62 APPRAISER ADJUSTED LAND FIREADVLTAX 5,945.00 0.59 ADJ LAND VALUE DEFERRED TOTAL RELEASES:42.21 49641201 2018-38602 DY: PERSONAL PROPERTY MP 7/27/2018 3:46:25 PM RODRIQUEZ JANEHA TOLINTINO LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 2,119.00 14.83 LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 2,119.00 1.48 LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 2,119.00 14.20 LISTING ADJUSTED PERSONAL PROPERTY CI50PEN FEE 2,119.00 1.42 SWMH HOME SHOULD HAVE BEEN BILLED TO JONES ESTATRES LLC TOTAL RELEASES:31.93 NET RELEASES PRINTED:4,883.89 TOTAL TAXES RELEASED 4,883.89 RUN DATE: 7/30/2018 9:13 AM RELEASES REPORT Person County 285 Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy Type Total Change01 Tax($2.75)$2.7501 Tax($11.77)$11.7701 Tax($20.94)$20.9401 Tax($1.84)$1.8401 Tax($17.88)$17.8801 Tax$0.0050 Tax($116.18)50 Vehicle Fee ($20.00)$136.1801 Tax$0.0050 Tax($106.60)50 Vehicle Fee ($20.00)$126.6001 Tax$0.0050 Tax($116.18)50 Vehicle Fee ($20.00)$136.1801 Tax$0.0050 Tax($116.18)50 Vehicle Fee ($20.00)$136.1801 Tax($71.93)$71.9301 Tax($8.67)$8.6701 Tax($11.62)50 Tax($11.12)50 Vehicle Fee$0.00$22.7401 Tax($130.50)$130.5001 Tax($2.76)$2.76LUEBBERT, MARIA ISABEL ROXBORO, NC 27574Proration Vehicle Sold 07/09/2018HOLLAND, JOSHUA COOK HURDLE MILLS, NC 27541 Proration Vehicle Sold 07/10/2018HOLDING, DANIEL PHILIP ROXBORO, NC 27573Proration Insurance Lapse07/10/2018FLOYD, RICHARD WAYNE HURDLE MILLS, NC 27541 Proration Vehicle Sold 07/24/2018FLORENCE, ANDREW RICHARD TIMBERLAKE, NC 27583 Proration Vehicle Sold 07/25/2018FIRST CHOICE LEASING DURHAM, NC 27717 Adjustment >= $100 Situs error 07/18/2018FIRST CHOICE LEASING DURHAM, NC 27717 Adjustment >= $100 Situs error 07/18/2018FIRST CHOICE LEASING DURHAM, NC 27717 Adjustment >= $100 Situs error 07/18/2018FIRST CHOICE LEASING DURHAM, NC 27717 Adjustment >= $100 Situs error 07/18/2018FARMER, RHONDA CLARK ROXBORO, NC 27574Proration Vehicle Sold 07/16/2018DUNCAN, JESSE SAM ROXBORO, NC 27574Proration Vehicle Sold 07/23/2018COVER, DENNIS DALE ROXBORO, NC 27573ProrationVehicle Totalled07/27/2018CORDELL, SHIRLEY ANN TIMBERLAKE, NC 27583 Proration Vehicle Sold 07/25/2018Vehicle Sold 07/16/2018 TIMBERLAKE, NC 27583 ProrationCORDELL, SHIRLEY ANN286 Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy Type Total Change01 Tax($6.63)50 Tax($6.34)50 Vehicle Fee$0.00$12.97OVERPAYMENT($29.00)$29.0001 Tax ($9.15)$9.1501 Tax ($40.21)$40.2101 Tax ($30.13)50 Tax ($28.84)50 Vehicle Fee$0.00$58.9701 Tax($12.69)$12.6901 Tax($33.21)$33.2101 Tax($91.47)$91.4701 Tax$0.0050 Tax($158.99)50 Vehicle Fee ($20.00)$178.9901 Tax($10.31)$10.3101 Tax($198.83)$198.8301 Tax($73.73)50 Tax($70.56)50 Vehicle Fee$0.00$144.2901 Tax($25.43)$25.4301 Tax($95.06)$95.0606/28/2018HOMAN, PAUL LEROY JR ROXBORO, NC 27574Proration Vehicle Sold 06/25/2018GENTRY, SAMUEL DURAND ROXBORO, NC 27574Proration Vehicle SoldDICKERSON, ASHLEY MORGAN ROXBORO, NC 27573ProrationVehicle Totalled06/29/2018WOODY, DARCUS SOLES ROXBORO, NC 27573Proration Vehicle Sold 07/24/2018TUCK, ANTHONY SCOTT ROXBORO, NC 27574Proration Insurance Lapse07/24/2018STRICKLAND, JAMES EDWARD JR ROXBORO, NC 27574 Adjustment >= $100 Situs error 07/25/2018STONE, KENNETH RYAN HURDLE MILLS, NC 27541 Proration Vehicle Sold 07/19/2018SHULL, RANDALL DAVID ROXBORO, NC 27574Proration Vehicle Sold 07/23/2018SABINS, JOHNNY BYRON ROUGEMONT, NC 27572 Proration Vehicle Sold 07/13/2018PAYLOR, PATRICIA RAMSEY ROXBORO, NC 27573Proration Vehicle Sold 07/11/2018PALMER, RUSSELL GORDON ROXBORO, NC 27573Proration Vehicle Sold 07/25/2018OWEN, HEATHER DAWN ROXBORO, NC 27574Proration Vehicle Sold 07/16/2018MORRIS, JAMES HENRY ROXBORO, NC 27574 Overpayment Overpayment 07/12/2018LYONS, BRITTANY NICOLE ROXBORO, NC 27573ProrationVehicle Totalled07/10/2018287 Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy Type Total Change01 Tax($44.62)50 Tax($42.72)50 Vehicle Fee$0.00$87.3401 Tax($37.17)$37.1701 Tax($4.19)$4.1901 Tax($33.32)$33.3201 Tax($22.61)50 Tax($21.65)50 Vehicle Fee$0.00$44.2601 Tax($3.27)$3.2701 Tax($3.38)$3.3801 Tax($13.01)$13.0106/29/2018WOMBLE, JEFFREY LORIS TIMBERLAKE, NC 27583 Proration Vehicle Sold 06/26/2018ROACH, NINA OPAL ROXBORO, NC 27574Proration Vehicle Sold06/26/2018ROACH, NINA OPAL ROXBORO, NC 27574Proration Vehicle Sold 06/29/2018POWELL, LACHANDA RENEE ROXBORO, NC 27573 Adjustment < $100 Mileage06/29/2018NAPIER, EARL JAMES ROXBORO, NC 27573Proration Vehicle Sold 06/25/2018MATTHEWS, LEXIE MAE ROXBORO, NC 27574ProrationVehicle Totalled06/29/2018LUNSFORD, DWIGHT DEVON ROXBORO, NC 27574ProrationVehicle Totalled06/29/2018JONES, PERVIS VEDREEM ROXBORO, NC 27573Proration Vehicle Sold288 AGENDA ABSTRACT Meeting Date: August 6, 2018 Agenda Title: Lease Agreement of old Helena School to Piedmont Career Academy (PCA) Public Charter School Lease Summary of Information: PCA is a proposed new vocationally-oriented charter school seeking a state charter to open in August 2020 to serve approximately 350 students in grades 6-12. The establishment of a vocational charter school in Person County, to serve students in Person and surrounding counties, has been endorsed by the Roxboro Area Chamber of Commerce and the Person County Economic Development Commission, among others. About 16 months ago, the Person County Board of Commissioners authorized the county attorney to begin the process of crafting a long-term lease agreement between the county and the proposed school for the old Helena School property, but declined to approve moving forward with the lease arrangement when it came to a vote 2 months later. Recommended Action: PCA requests reconsideration by the Board of Commissioners to move forward with constructing a lease agreement for the old Helena School property once a charter is granted by the state. Submitted By: Piedmont Career Academy Board of Directors: Dr. Robert E. Daniel, Jr., Chairman Mr. Derrick Sims, Vice-Chair Ms. Nan Jeffers, Secretary-Treasurer Mr. Winston Forsyth Mr. Mel Dorey Ms. Lynda Clayton 289 A RESOLUTION AMENDING THE PERSON COUNTY ECONOMIC DEVELOPMENT COMMISSION FOR A CHANGE IN MEMBERSHIP Whereas NC GS Chapter 58 authorizes counties to create county economic development commissions and to periodically make changes to such commissions; and Whereas the Person County Board of Commissioners created the Person County Economic Development Commission at its meeting on February 16, 1981; and Whereas that 1981 Resolution authorized the Board of County Commissioners to change the membership on the Economic Development Commission for any reason; and Whereas the Board of County Commissioners changed the membership by action at its meeting on August 20, 2012; and Whereas the Board of County Commissioners at its meeting on May 19, 2014 took action to further amend the resolution to change the membership and responsibilities of the board; and Whereas the Board of County Commissioners at its meeting on June 2, 2014 took action to formalize and ratify the action at its May 19, 2014 meeting; and Whereas the Board of Commissioners at its meeting on May 18, 2015 took action to establish an ex-officio seat for a Farmland Preservation Plan stakeholder non-voting representative; and Whereas, the Board of County Commissioners at its meeting on January 4, 2016 took action to amend the resolution to change the composition of the title as it relates to an ex-officio, non- voting representative of Piedmont Community College; and Whereas, the Board of County Commissioners at its meeting on January 23, 2017 amended the resolution to change the appointee of the Board of Commissioners to authorize an alternate to the Chair of the Board of County Commissioners; and Whereas, the Board of County Commissioners at its meeting on May 15, 2017 desired to further amend the resolution to change the appointees of the Board of Commissioners in Section 2. A below with a July 1, 2017 effective date; and Whereas, the Board of Commissioners at its meeting on July 10, 2017 further amended the resolution to add an ex-officio for a City of Roxboro representative as well as an ex-officio representative for Piedmont Community College; and Whereas, the Board of Commissioners at its meeting on September 11, 2017 desired to amend its resolution to remove the amendment requiring the Secretary/Treasurer to report to the Director of the Commission; and 290 Whereas, the Board of County Commissioners at its meeting on February 26, 2018 desired to further amend the resolution to change the appointees of the Board of Commissioners in Section 2. B below to grant voting privileges to the Mayor of Roxboro, or alternate elected official of the City of Roxboro, thereby increasing the membership; and Whereas, the Board of Commissioners at its meeting on August 6, 2018 desired to amend its resolution to add an ex-officio for the Superintendent of Person County Schools. Now therefore be it resolved that: 1- The 1981 resolution creating the Person County Economic Development Commission as amended is further amended as follows: (a) Existing Section 2 is repealed and the following section 2 is inserted therefore: Section 2, MEMBERSHIP, TERMS OF OFFICE, ETC. “The commission shall consist of nine (9) members. The members shall be appointed for (5) year terms except for those members appointed by virtue of their respective offices, which such members shall serve for the period which they occupy those offices. The membership of the Board shall be as follows with the members serving the terms indicated by the number indicated after their names: A. Elected Chair or alternate of the Person County Board of Commissioners serving ex-officio with full right to vote (term of office), provided however, if not present, the county manager is authorized to vote. B. Elected Mayor or alternate elected official of the Roxboro City Council serving ex-officio with full right to vote (term of office), and C. (7) Members at Large appointed by the Board of County Commissioners, each for a concurrent five (5) year term. Any member of the Economic Development Commission may be removed at any time with or without cause by a majority vote of the appointment authority. The following persons shall be permitted to participate fully in the activities of the board as non- board members but shall have no right to vote on any matter except as authorized in Section 2A above as to the County Manager: 1- Person County Manager serving ex-officio 2- Roxboro City Manager serving ex-officio 3- Representative of Agricultural/Farm Community serving a (5) year ex-officio term 4- Representative of Piedmont Community College 5- Superintendent of Person County Schools 291 Adopted, this, the 6th day of August 2018. __________________________________ Tracey L. Kendrick, Chairman Person County Board of Commissioners Attest: __________________________________ Brenda B. Reaves, NCCCC, MMC Clerk of Board 292 AGENDA ABSTRACT Meeting Date: August 6, 2018 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 is included in the Attachment I items. Recommended Action: Motion to accept report. Submitted By: Russell Jones, Tax Administrator 293 2017Tax CollectorSettlementSettlement294 Introduction:Per N.C. General Statute 105-373 the Tax Collector must make a report of settlement for the fiscal report of settlement for the fiscal Year 2017-2018 and prior years.295 2017 County LevyReal/Personal PropertyTotal Billed Actual Collections Uncollected % Collected$23,230,925.52 $22,851,998.54 $378,926.9898.37%Public ServiceTotal BilledActualCollectionsUncollected% CollectedTotal BilledActualCollectionsUncollected% Collected$6,230,161.00 $6,230,161.00$.00100.00%Motor VehiclesTotal Billed Actual Collections Uncollected % Collected$2,554,717.04 $2,552,282.37 $2,434.6799.99%296 Total 2017 County LevyCombined CollectionsTotal Billed Actual Collections Uncollected % Collected$32,015,803.56 $31,634,441.91 $381,361.6598.81%297 5 Year Comparison By CategoryReal/Personal Property6/30/2018 6/30/2017 6/30/2016 6/30/2015 6/30/201498.37% 98.39% 98.50% 98.25% 98.07%Public Service6/30/20186/30/20176/30/20166/30/20156/30/20146/30/20186/30/20176/30/20166/30/20156/30/2014100.00% 100.00% 100.00% 100.00% 100.00%Motor Vehicles6/30/2018 6/30/2017 6/30/2016 6/30/2015 6/30/201499.99% 99.98% 99.98% 99.99% 94.98%298 5 Year Comparison Overall Collection Rate6/30/2018 6/30/2017 6/30/2016 6/30/2015 6/30/201498.81% 98.74% 98.90% 98.58% 98.31%299 Collections Tools UsedDelinquent Notices Mailed out in January and May each yearAdvertisingListed in newspaper early MarchGarnishments Instructs employer to withhold/submit 10% of gross wagesAttachmentInstructs bank to withdraw available funds to pay taxestaxesEscheatsAlso known as NCCashDebt SetoffFor debts over $50/submitted against NC Tax RefundsPayment Arrangements Many taxpayers, especially those with fixed income, make payments even before bills are mailedForeclosureResults in the sale of property at public action300 Other CollectionsPre-Payment Collection Fees Stormwater$163,867.32 $40,924.72 $273,890.95Prior Year Taxes Animal Taxes Stormwater Interest$340,827.35 $15,573.01 $1,753.81County InterestGross ReceiptsCopy FeesCounty InterestGross ReceiptsCopy Fees$121,572.61 $12,820.99$342.25Late Listing Beer LicenseCity$13,208.49 $2,795.00 $5,055,712.97Grand total for all taxes and fees- $37,677,731.38301 11thYear Insolvents-20072007 County TaxesOriginal Levy Balance %Real Estate/Other$24,726,343.10 $3,976.95 99.98%Vehicle $2,130,607.77 $7,707.66 99.64%Final Collection Rate Overall $26,856,950.87 $11,684.61 99.96%302 Other Tax Office ItemsRandom Sampling Re-measured/appraised 158 properties to verify accuracyImportant Tax Dates Mailed new notices to help citizens understand tax requirements, deadlines, and assistance programsGap BillingNew requirement, some new revenue to begin September 1, affecting approximately 150 vehicles per September 1, affecting approximately 150 vehicles per monthNew software Replacement of the original tax software that was purchased in 1987Fire TaxMailed 19,733 notices, held public hearing, updated situs to add new tax in both tax and NCDMV303 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 47154107 AMERICAN HOME MORTGAGE 2007 - 42417 53.87 0.000 51.12 104.99 B 8078107 AYSCUE JOHNNY T A75 191 LH 2007 - 42483 53.16 0.000 23.58 76.74 4/25/2011 B 46638107 BARTS MICHAEL ANTHONY 78 20 LH 2007 - 42480 104.05 0.000 96.36 200.41 N, D 49721107 BLACKWELL FAIGER M 82 6 2007 - 42433 335.07 0.000 320.48 655.55 D, S 99999107 BLALOCK ARBERT S 2007 - 42392 23.56 0.000 22.94 46.50 31787107 BOOKER FUNERAL HOME 2007 - 42388 143.10 0.000 136.64 279.74 D 90017107 BUMPASS MAGGIE & W POOLE 20 34 2 2007 - 42444 31.91 0.000 30.53 62.44 46151107 CAMARILLO GILBERTO 2007 - 42398 45.08 0.000 43.38 88.46 N, D 99999107 CARVER KELLY W MASONRY INC 2007 - 42413 483.80 0.000 463.42 947.22 90047107 CHAMBERS MARTHA ESTATE 17 3 2007 - 42446 13.51 0.000 12.68 26.19 D 26886107 CHEEK STEVEN J 2007 - 42401 12.29 0.000 11.43 23.72 D 99999107 CLAYTON CLEANING SERVICES 2007 - 42399 48.42 0.000 46.00 94.42 90032107 CLAYTON LUNA ESTATE A72 325 2007 - 42485 1.21 0.000 1.26 2.47 14739107 CLAYTON ROBERT J & OTHERS A97 76 2007 - 42474 98.90 0.000 57.48 156.38 5/4/2018 D 52296107 DELGADO DANIEL 2007 - 42405 148.54 0.000 141.77 290.31 D 13992107 GENTRY TAMMIE CHERYL 2007 - 42400 68.10 0.000 64.10 132.20 D 90035107 GRAVES EUGENIA 85 6 2007 - 42451 17.00 0.000 16.45 33.45 40162107 HARGROVE ALEXIS M 2007 - 42387 16.37 0.000 14.87 31.24 D 99999107 HOMERUN PIZZA 2007 - 42408 200.62 0.000 191.56 392.18 19019107 J & S CONTRACTING 2007 - 42409 258.60 0.000 247.67 506.27 C, D 11456107 JEFFERS LEVI & GLADYS 115 35 2 2007 - 42453 967.79 0.000 656.42 1624.21 5/17/2018 N, D 99999107 LAYNE MARVIN EDWARD 2007 - 42412 11.55 0.000 11.45 23.00 99999107 M & M AMUSEMENTS 2007 - 42407 72.34 0.000 68.97 141.31 8114107 MAJORS HARVEY OWEN SR 2007 - 42410 7.73 0.000 7.18 14.91 D 46221107 MATHERLY GERALD S & BONITA W 2007 - 42402 465.84 0.000 441.12 906.96 D 4555107 MOORE BEVERLY D 66 21 2007 - 42447 252.28 0.000 58.70 310.98 1/16/2018 MG, ME, D 45453107 MORALES ALEX 2007 - 42391 201.76 0.000 192.83 394.59 N, D 99999107 NEWMAN BARBARA 2007 - 42397 37.09 0.000 35.72 72.81 99999107 PEARSALL TROY F 2007 - 42396 71.94 0.000 59.22 131.16 42161107 PEREZ JOSE BELLO 2007 - 42416 10.99 0.000 10.25 21.24 N, D 99172107 PERRY DEBORAH 2007 - 42415 13.23 0.000 12.75 25.98 99999107 PETTIFORD MAGGIE B 2007 - 42404 64.10 0.000 61.29 125.39 12/6/2007 46128107 RICCA CARLOS 2007 - 42395 119.66 0.000 114.86 234.52 N 46975107 ROACH IRA 2007 - 42411 79.13 0.000 75.37 154.50 D 99547107 ROSS SHARRI 2007 - 42393 8.12 0.000 7.61 15.73 T, D 2027107 SANFORD THELMA 2007 - 42403 44.80 0.000 43.36 88.16 D 90043107 SMITH MELVIN LEE 81 7 2007 - 42465 53.05 0.000 50.94 103.99 17488107 THORPE LUCY & BUFORD L/EST 10 68 2007 - 42457 60.37 0.000 57.38 117.75 D, S 49641107 TOLINTINO JANEHA 2007 - 42414 33.08 0.000 31.90 64.98 N, D 28281107 TORRES RAHMAN 2007 - 42389 111.31 0.000 106.02 217.33 D 99999107 WATSON AMY P 2007 - 42418 12.00 0.000 11.49 23.49 90048107 WHITFIELD WILLIAM EST 81 38 2007 - 42486 20.50 0.000 19.09 39.59 15704107 WILKERSON SERVICE COMPANY 2007 - 42406 242.52 0.000 224.64 467.16 D 45307107 WILLIAMS APRIL Y 2007 - 1049669 0.00 0.000 0.00 0.00 3/20/2014 Page 1 of 9 RUN DATE: 7/30/2018 8:43 AM INSOLVENTS-REAL/PERSONAL Person County 304 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 90016107 WILSON GLADYS H ESTATE 94 4 2007 - 42445 75.85 0.000 72.66 148.51 TOTALS FOR C ADVLTAX County Tax YEAR ASSESSED PRINCIPAL DISCOUNT INTEREST BALANCE DUE REAL VALUE PERSONAL VALUE TOTAL 2007 3,976.95 0.00 3,289.54 7,266.49 316,602.00 316,682.00 633,284.00 TOTALS 3,976.95 0.00 3,289.54 7,266.49 316,602.00 316,682.00 633,284.00 Page 2 of 9 RUN DATE: 7/30/2018 8:43 AM INSOLVENTS-REAL/PERSONAL Person County 305 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 99999107 ADAMS TAMMY LYNN 2007 - 42156 8.68 0.000 9.14 17.82 T 99167107 AHMED IBRAHIM MADAKI 2007 - 42118 29.60 0.000 29.44 59.04 T, D 42601107 ALLEY DAWN MICHELLE 2007 - 42172 25.13 0.000 25.00 50.13 5102107 ALVARADO AGUSTIN TOLENTINO 2007 - 42059 83.31 0.000 84.19 167.50 T, D 45926107 ANTHONY ROBERT EDWARD JR 2007 - 42356 8.54 0.000 7.61 16.15 T 99420107 ARCE ALDO EUGENIO 2007 - 42068 72.32 0.000 73.30 145.62 T 49858107 ARZATE YASMIN SOLOZANO 2007 - 42197 14.70 0.000 14.37 29.07 T 99999107 ASHFORD DWIGHT ALSTON 2007 - 42248 22.35 0.000 21.84 44.19 T 99140107 ASHLEY TANYA ALLISON 2007 - 42302 66.92 0.000 63.87 130.79 T, D 99134107 BAGBY VERNON 2007 - 42183 16.38 0.000 15.85 32.23 T 43104107 BANKS KELLY DIONE 2007 - 42382 80.63 0.000 57.27 137.90 T, D 99248107 BARAJAS JUVENTINO HERNANDEZ 2007 - 42125 93.68 0.000 93.60 187.28 T, D 99248107 BARAJAS JUVENTINO HERNANDEZ 2007 - 42111 21.00 0.000 21.35 42.35 T, D 99999107 BARNETTE CHRISTOPHER THOMAS 2007 - 42209 29.32 0.000 28.53 57.85 T 34247107 BARRETT JOHN HENRY JR 2007 - 42060 43.36 0.000 44.70 88.06 T, D 18734107 BENNETT CHARLES KIESTER III 2007 - 42335 11.61 0.000 1.95 13.56 8/29/2016 T 99999107 BLACKWELL ALFRED DAVID 2007 - 42153 103.69 0.000 98.77 202.46 T 99999107 BLACKWELL ALFRED DAVID 2007 - 42089 113.02 0.000 108.49 221.51 T 53732107 BLACKWELL DENNIS OKEITH 2007 - 42342 16.57 0.000 15.16 31.73 T, D 1665107 BLACKWELL WILLIE LEE 2007 - 42190 6.02 0.000 6.46 12.48 T 1665107 BLACKWELL WILLIE LEE 2007 - 42026 5.40 0.000 5.78 11.18 T 99999107 BOHANON RICKEY AVERY 2007 - 42167 31.57 0.000 31.55 63.12 T 41053107 BOTTOMS BRENDA PARRISH 2007 - 42347 7.35 0.000 7.47 14.82 T 12967107 BOWES CRYSTAL LAWRENCE 2007 - 42354 41.27 0.000 38.95 80.22 T, D 99999107 BOWMAN CARL MATTHEW 2007 - 42074 48.17 0.000 48.86 97.03 T 53782107 BRADFORD FRANK ELVIS 2007 - 42364 34.82 0.000 18.75 53.57 3/22/2012 T, D 56487107 BRADSHER ECHEL YHAONNIA 2007 - 42319 8.54 0.000 7.67 16.21 T, D 56487107 BRADSHER ECHEL YHAONNIA 2007 - 42301 38.71 0.000 37.03 75.74 T, D 143107 BROOKS DAVID CARL 2007 - 42164 5.72 0.000 1.95 7.67 6/23/2014 T 43009107 BRUCE JEREMY BRYAN 2007 - 42007 3.58 0.000 4.05 7.63 T 53383107 BUCHANAN QUANTRAVIS LEE 2007 - 42274 23.87 0.000 23.14 47.01 T 1966107 BUMPASS IRIS NINA 2007 - 1176220 0.00 0.000 0.00 0.00 6/22/2017 V 99999107 BURTON BESSIE BARNETT 2007 - 42276 145.47 0.000 121.69 267.16 1/9/2015 T 53314107 BURTON JASMINE LEWIS 2007 - 42252 15.52 0.000 15.39 30.91 T 51423107 BURTON VAN TYRELL JR 2007 - 42215 50.25 0.000 23.37 73.62 T, D 45250107 BYRD ALEXANDER CHRISTOPHER 2007 - 42140 43.77 0.000 43.43 87.20 T, D, E 45250107 BYRD ALEXANDER CHRISTOPHER JR 2007 - 42199 65.71 0.000 63.59 129.30 T, D, E 45250107 BYRD ALEXANDER CHRISTOPHER JR 2007 - 42166 25.90 0.000 24.89 50.79 T, D, E 99505107 CAMACHO DAVID ROJAS 2007 - 42032 27.58 0.000 28.66 56.24 T 99417107 CAMACHO SANTOS ROJAS 2007 - 42055 249.79 0.000 253.75 503.54 T 17682107 CAMERON WILLIAM JUNIOR 2007 - 42214 19.07 0.000 18.21 37.28 T, D 53587107 CARMICHAEL JUVAE TOSHEDO 2007 - 42094 10.60 0.000 10.77 21.37 T 99162107 CARTER LEONARD ALLEN 2007 - 42031 8.00 0.000 8.20 16.20 T 99999107 CASH ANDREW THOMAS 2007 - 42040 39.33 0.000 39.43 78.76 T Page 1 of 13 RUN DATE: 7/30/2018 8:46 AM INSOLVENTS-REAL/PERSONAL Person County 306 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 29758107 CATES GEORGE WAYNE 2007 - 42340 14.14 0.000 13.76 27.90 T, D 99175107 CHAVEZ MARTHA 2007 - 42053 108.85 0.000 111.19 220.04 T, D 53166107 CHAVEZ MENDEZ EUSEBIO 2007 - 42219 34.60 0.000 31.30 65.90 T, D 7603107 CHAVEZ VICENTE EDUARDO 2007 - 42173 53.59 0.000 16.42 70.01 1/9/2015 T, D 51666107 CHAVOUS TERRENCE KITTRELL 2007 - 42359 227.60 0.000 214.84 442.44 T, D 99128107 CHIPOR EDUARDO MONTAN 2007 - 42070 40.84 0.000 42.00 82.84 T, D 19616107 CLAIBORNE CHARLIE JOSEPH JR 2007 - 42331 111.02 0.000 105.17 216.19 T, D 99159107 CLAY RODERICK 2007 - 42292 49.05 0.000 42.34 91.39 T, D 99999107 CLAYTON JAMES DANNY 2007 - 42204 75.70 0.000 74.45 150.15 T 99999107 CLAYTON JAMES DANNY 2007 - 42320 33.13 0.000 31.65 64.78 T 99999107 CLAYTON JAMES DANNY 2007 - 42316 24.45 0.000 22.86 47.31 T 99999107 CLAYTON JAMES DANNY 2007 - 42001 18.73 0.000 19.15 37.88 T 38892107 COLCHADO TAMMY CLAY 2007 - 42315 4.27 0.000 3.83 8.10 T, D 53178107 COMPTON JEFFREY PAGE 2007 - 42322 27.93 0.000 26.60 54.53 T, D 6698107 COOK CHARLES 2007 - 42127 80.73 0.000 81.47 162.20 T, D 51283107 COOPER JUSTIN LEE 2007 - 42310 5.11 0.000 5.04 10.15 T, D, G, GE 51283107 COOPER JUSTIN LEE 2007 - 42220 8.12 0.000 7.56 15.68 T, D, G, GE 35546107 CORONA ADRIAN ALVARADO 2007 - 42230 24.85 0.000 24.58 49.43 T, D 99228107 CORREA BLANCA ESTHELA ORTIZ 2007 - 42191 16.45 0.000 15.73 32.18 T 99228107 CORREA BLANCA ESTHELA ORTIZ 2007 - 42072 29.06 0.000 29.81 58.87 T 31341107 COUSIN RONALD LEO 2007 - 42171 35.70 0.000 35.52 71.22 T, D 48822107 CREEL JAMES MARCUS 2007 - 42093 74.60 0.000 75.41 150.01 T, D 19442107 CRISP JOHN MARK 2007 - 42086 50.83 0.000 51.20 102.03 T, D 99245107 CRUZ ACMED VON DUBEN 2007 - 42045 18.01 0.000 18.92 36.93 T 52384107 CRUZ GUSTABO MONTOLLA 2007 - 42160 21.83 0.000 21.13 42.96 T 52384107 CRUZ GUSTABO MONTOLLA 2007 - 42112 26.06 0.000 26.67 52.73 T 99999107 DAYE ERNEST JUNIOR 2007 - 42297 14.07 0.000 13.98 28.05 T 53729107 DEJESUS ELIZABETH IBELIZ 2007 - 42339 17.75 0.000 16.39 34.14 T 49611107 DEL ANGEL AURELIO REGALADO 2007 - 42023 47.04 0.000 47.88 94.92 T, D 43011107 DELAPAZ ARTURO 2007 - 42187 166.67 0.000 112.70 279.37 4/2/2015 T, D 45316107 DENNY SHANNON KEITH 2007 - 42345 3.85 0.000 2.68 6.53 D 99999107 DIXON CARL 2007 - 42384 30.50 0.000 28.89 59.39 T 99999107 DONICA PATSY MAUREEN 2007 - 42000 13.39 0.000 13.67 27.06 T 53428107 DRUMMOND ALBERT FERDINAND 2007 - 42304 7.77 0.000 7.63 15.40 T 15476107 DUNCAN JAMES JOE 2007 - 42159 14.00 0.000 13.25 27.25 B 15476107 DUNCAN JAMES JOE 2007 - 42119 13.26 0.000 13.36 26.62 B 52642107 DURHAM SCOTTY LEE 2007 - 42073 10.98 0.000 3.14 14.12 3/19/2015 T, D 52642107 DURHAM SCOTTY LEE 2007 - 42184 112.76 0.000 111.85 224.61 T, D 52642107 DURHAM SCOTTY LEE 2007 - 42067 37.92 0.000 38.06 75.98 T, D 46201107 EISENBERG GEORGE RAY 2007 - 42271 75.67 0.000 73.30 148.97 T, D 46201107 EISENBERG GEORGE RAY 2007 - 42121 45.09 0.000 46.94 92.03 T, D 24299107 ESTRADA DANIEL 2007 - 42146 137.85 0.000 70.09 207.94 4/2/2015 T, D 9386107 EWELL TONYA LATRECE 2007 - 42373 63.13 0.000 42.76 105.89 D 9386107 EWELL TONYA LATRECE 2007 - 42222 72.59 0.000 69.55 142.14 D 99188107 EXGUEZQUE REY FRANCISCO TREJO 2007 - 42052 144.12 0.000 121.14 265.26 3/19/2015 D Page 2 of 13 RUN DATE: 7/30/2018 8:46 AM INSOLVENTS-REAL/PERSONAL Person County 307 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 56843107 FARMER DEBORAH DAVIS 2007 - 42385 101.64 0.000 95.54 197.18 T, D 47399107 FARRAR WILLIE ANTHONY JUNIOUS 2007 - 42064 10.59 0.000 5.19 15.78 1/28/2013 T 48374107 FARRISH KIMBERLY ANNETTE 2007 - 42046 23.40 0.000 24.36 47.76 T 53721107 FAULKNER BETTY JEAN 2007 - 42338 30.37 0.000 28.87 59.24 T, D 99204107 FLORES ALEJANDRO DAMOSO 2007 - 42228 51.02 0.000 45.06 96.08 T, D 99204107 FLORES ALEJANDRO DAMOSO 2007 - 42196 86.87 0.000 83.65 170.52 T, D 52336107 FUTCH CHAD DANIEL 2007 - 42103 67.86 0.000 68.66 136.52 T, D 33096107 GADSON LORENZO NATHANIEL 2007 - 42154 54.92 0.000 40.07 94.99 T, D 33096107 GADSON LORENZO NATHANIEL 2007 - 42134 6.51 0.000 6.42 12.93 T, D 33309107 GALLARDO MIGUEL ANGEL 2007 - 42224 29.54 0.000 28.55 58.09 T, D 99385107 GARCIA ALDO YAIR DOLORES 2007 - 42120 45.11 0.000 33.13 78.24 2/9/2015 T 99241107 GARCIA ENRIQUE ZANDOVAL 2007 - 42180 12.39 0.000 11.90 24.29 T 52156107 GARCIA JULIAN RUIZ 2007 - 42048 20.15 0.000 20.37 40.52 T 99183107 GARCIA ROBERTO DOLORES 2007 - 42202 54.88 0.000 24.99 79.87 2/9/2015 T, D 13992107 GENTRY TAMMIE CHERYL 2007 - 42272 12.60 0.000 11.65 24.25 D 99398107 GOMEZ LUNA FERNANDO JOSE 2007 - 42327 80.56 0.000 76.08 156.64 T, D 99999107 GONZALEZ DEBORAH KAY 2007 - 42317 16.66 0.000 15.56 32.22 T 52031107 GORDON MELADI RENEE 2007 - 42035 13.59 0.000 13.70 27.29 T 53223107 GRAHAM ANDRE THOMAS 2007 - 42268 4.30 0.000 0.10 4.40 3/8/2018 T 99999107 GRUENWALD GERALD ANTHONY 2007 - 42336 54.41 0.000 51.91 106.32 T 99999107 GRUENWALD GERALD ANTHONY 2007 - 42098 20.48 0.000 27.35 47.83 T 48991107 GUILLIAMS MICHAEL DUANE 2007 - 42273 14.21 0.000 14.10 28.31 T 99160107 GUZMAN FRANCISCA IBARRA 2007 - 42253 55.20 0.000 52.83 108.03 T, D 99999107 GUZMAN SILVERIO RAMIREZ 2007 - 42212 22.48 0.000 22.02 44.50 T 99999107 GUZMAN SILVERIO RAMIREZ 2007 - 42163 8.89 0.000 9.16 18.05 T 45544107 HAMLETT LORI LYNNETTE 2007 - 42352 127.80 0.000 102.10 229.90 T, D 14424107 HAMLETT TALETHA LATRISTAL 2007 - 42263 65.98 0.000 54.31 120.29 T, D 14424107 HAMLETT TALETHA LATRISTAL 2007 - 42213 22.88 0.000 19.01 41.89 T, D 14424107 HAMLETT TALETHA LATRISTAL 2007 - 42083 18.60 0.000 16.33 34.93 T, D 52344107 HAMLETT TIRRAILL RAY 2007 - 42104 69.88 0.000 0.00 69.88 8/21/2017 T, D 45712107 HARKNESS TERESA GAIL 2007 - 42028 13.52 0.000 13.69 27.21 T, D 53755107 HARRIS MICHAEL DANYEL 2007 - 42346 69.38 0.000 14.85 84.23 T, D 5905107 HARVELL PATRICIA ANN 2007 - 42256 70.18 0.000 65.49 135.67 T, D 5905107 HARVELL PATRICIA ANN 2007 - 42017 42.32 0.000 42.10 84.42 T, D 99999107 HATCHETT BARRY DALE 2007 - 42084 25.47 0.000 20.62 46.09 T 7074107 HATCHETT CAROL WILSON 2007 - 42211 7.49 0.000 7.72 15.21 T, D 9040107 HAWLEY JOYCE DOWNEY 2007 - 42351 34.18 0.000 32.62 66.80 T, D 9040107 HAWLEY JOYCE DOWNEY 2007 - 42141 40.88 0.000 41.07 81.95 T, D 52244107 HAYDEN BETTY MAE 2007 - 42041 35.50 0.000 31.22 66.72 T, D 32809107 HEATH DARRYL IVERY 2007 - 42298 2.26 0.000 0.00 2.26 6/15/2018 T, D 16556107 HENDERSON ANDREW LEE 2007 - 42002 5.20 0.000 5.45 10.65 T 50590107 HERNANDEZ FIDEL 2007 - 42179 43.90 0.000 43.44 87.34 T, D 53912107 HERNANDEZ HECTOR HUGO 2007 - 42390 104.23 0.000 94.53 198.76 T, D 99251107 HERNANDEZ VALENTIN JOSE 2007 - 42203 85.56 0.000 50.95 136.51 8/3/2015 T 51213107 HICKS CAROL REGAN 2007 - 42161 4.13 0.000 3.97 8.10 T, D 53225107 HINSON JOSHUA SIMON 2007 - 42369 82.78 0.000 53.64 136.42 T, D 99999107 HOLLOWAY RANDY LAJAUNN 2007 - 42092 17.33 0.000 17.51 34.84 99999107 HOLT JOHNNIE ALTON 2007 - 42009 2.73 0.000 2.74 5.47 T Page 3 of 13 RUN DATE: 7/30/2018 8:46 AM INSOLVENTS-REAL/PERSONAL Person County 308 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 4333107 HONEYCUTT CHRISTIN MICHELE 2007 - 42350 20.91 0.000 20.06 40.97 T 52844107 HUGHES JOHN DAVID JR 2007 - 42174 56.83 0.000 33.67 90.50 T, D 45249107 HUMPHRIES JEREMY CHAD 2007 - 42318 39.24 0.000 28.83 68.07 T, D 52142107 JACKSON BETTY NICOLE 2007 - 42378 8.89 0.000 8.74 17.63 T 45493107 JEFFERS TARA KAY 2007 - 42050 136.87 0.000 133.85 270.72 T, D 99999107 JOHNSON GEORGETTE ANNA 2007 - 42147 2.83 0.000 2.67 5.50 T 99999107 JOHNSON GEORGETTE ANNA 2007 - 42137 4.55 0.000 4.05 8.60 T 99999107 JOHNSON GEORGETTE ANNA 2007 - 42054 26.13 0.000 27.07 53.20 T 789107 JOHNSON JOHN REYNOLDA 2007 - 42114 5.66 0.000 5.38 11.04 T 789107 JOHNSON JOHN REYNOLDA 2007 - 42076 5.27 0.000 5.38 10.65 T 51583107 JOHNSON RETHA ANN 2007 - 42349 28.65 0.000 20.90 49.55 T 99999107 JONES RICHARD KELVIN 2007 - 42246 40.62 0.000 27.34 67.96 11/8/2010 99999107 JORDAN WALTER ANTHONY 2007 - 42151 37.85 0.000 31.95 69.80 12/17/2008 31503107 KEA ESTHER TALLEY 2007 - 42223 14.60 0.000 4.29 18.89 3/19/2015 B 25292107 KEETER HELEN JEANETTE 2007 - 42005 11.38 0.000 12.23 23.61 T 1209107 KING RICKEY 2007 - 42353 16.19 0.000 12.01 28.20 2/22/2010 T 37550107 KIRKLAND SONYA MARIE 2007 - 42195 58.66 0.000 57.49 116.15 T, D 55349107 KRAUS BRANDY CARVER 2007 - 42205 110.25 0.000 106.65 216.90 12/3/2008 T, D 12290107 LAND LAWRENCE HENRY 2007 - 42270 7.56 0.000 7.67 15.23 T, D 51782107 LANGFORD ASHLEY LYNN 2007 - 42056 34.31 0.000 29.64 63.95 T, D 51782107 LANGFORD ASHLEY LYNN 2007 - 42008 6.83 0.000 6.75 13.58 T, D 51279107 LARIOS DIEGO 2007 - 42293 59.97 0.000 44.48 104.45 T, D 60225107 LAWSON NICOLE HOUSTON 2007 - 42128 50.18 0.000 50.74 100.92 T, D 60225107 LAWSON NICOLE HOUSTON 2007 - 42033 160.42 0.000 164.05 324.47 T, D 36804107 LAWSON ROENITHA LAVARN 2007 - 42149 4.70 0.000 0.11 4.81 3/8/2018 T 99999107 LAYNE MARVIN EDWARD 2007 - 42264 4.55 0.000 3.93 8.48 T 99999107 LAYNE MARVIN EDWARD 2007 - 42113 4.42 0.000 4.06 8.48 T 99191107 LEE EUGENE 2007 - 42049 4.81 0.000 5.36 10.17 T 6541107 LONG CATHERINE ANN 2007 - 42019 4.75 0.000 5.40 10.15 T 18592107 LOPEZ IGNACIO TREJO 2007 - 42201 172.54 0.000 168.63 341.17 T, D 31363107 LOVA KAIRABA KINTE 2007 - 42069 84.02 0.000 55.17 139.19 6/28/2016 T, D 50544107 LUCKART THERESA LEE 2007 - 42158 8.33 0.000 7.94 16.27 T, D 20678107 LYONS JERRY CORELLE 2007 - 42058 3.90 0.000 4.06 7.96 T 8262107 LYONS TONY CURTIS 2007 - 42101 244.35 0.000 131.48 375.83 10/15/2014 T, D 99205107 MACHADO EDILIO 2007 - 42332 27.61 0.000 11.90 39.51 3/19/2015 T, D 99205107 MACHADO EDILIO 2007 - 42311 62.56 0.000 60.00 122.56 T, D 51075107 MARTINEZ MARCELO MORALES 2007 - 42229 42.06 0.000 41.42 83.48 T 35045107 MAYO DWIGHT PRESCOTT 2007 - 42326 16.31 0.000 15.25 31.56 T, D 50007107 MCDOWELL K SHAWN MAURICE 2007 - 42232 16.58 0.000 13.48 30.06 2/27/2009 T, D 99179107 MCGHEE TERESA SALADIER 2007 - 42374 73.83 0.000 24.79 98.62 9/12/2014 T, D 51406107 MCMANUS ANJEANETTE 2007 - 42182 21.30 0.000 21.07 42.37 T, D 17368107 MCNAIR PATRICIA PAYLOR 2007 - 42123 58.41 0.000 4.40 62.81 5/3/2016 V, D, B 19090107 MEACHUM RALPH MAXTON II 2007 - 42249 11.97 0.000 11.58 23.55 T 48914107 MEADOWS SHIRLEY ANN 2007 - 42087 7.41 0.000 8.01 15.42 T, D 39543107 MILAM JAMES FRANKLIN 2007 - 42368 160.45 0.000 150.86 311.31 T, D 53297107 MITCHELL DONNIE WAYNE 2007 - 42247 27.16 0.000 25.79 52.95 T, D 23896107 MONTOYA JORGE HUMBERTO 2007 - 42227 35.21 0.000 33.78 68.99 T, D 23896107 MONTOYA JORGE HUMBERTO 2007 - 42269 86.80 0.000 83.65 170.45 T, D Page 4 of 13 RUN DATE: 7/30/2018 8:46 AM INSOLVENTS-REAL/PERSONAL Person County 309 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 23896107 MONTOYA JORGE HUMBERTO 2007 - 42135 28.66 0.000 27.94 56.60 T, D 52623107 MOORE DARRON S 2007 - 42145 61.60 0.000 61.06 122.66 T, D 47462107 MOORE ISAAC WALTON 2007 - 42131 43.68 0.000 44.07 87.75 T, D 99444107 MORALES JORGE HERNANDEZ 2007 - 42010 27.95 0.000 28.70 56.65 T 49589107 MORALES RAUL DE LA CRUZ 2007 - 42021 197.58 0.000 202.30 399.88 T, D 99443107 MORENO OFELIO PALACIOS 2007 - 42038 38.06 0.000 39.27 77.33 T 99411107 MUNOZ EGERICO BLANCO 2007 - 42100 35.92 0.000 36.36 72.28 T 99250107 NAVARRO ROSALIO NAVARRO 2007 - 42200 68.47 0.000 66.69 135.16 T 99999107 NEATHERY JOHN THOMAS JR 2007 - 42361 62.04 0.000 58.99 121.03 T 99999107 NEATHERY JOHN THOMAS JR 2007 - 42344 15.69 0.000 16.89 32.58 T 27616107 NELSON COREY DANTE 2007 - 42034 38.48 0.000 36.01 74.49 7/23/2014 T, D 52910107 NELSON TRAVIS TERRELL 2007 - 42185 99.30 0.000 41.21 140.51 T, D 99435107 NIMMADALA SRINIVAS RAO 2007 - 42148 59.80 0.000 59.68 119.48 T, D 99999107 OLDS OSSIE MAE 2007 - 42077 30.10 0.000 30.91 61.01 T 99999107 OLDS OSSIE MAE 2007 - 42011 52.35 0.000 53.35 105.70 T 52543107 ORTIZ BENIGNO MARTINEZ 2007 - 42136 35.49 0.000 35.76 71.25 T 99506107 ORTIZ OCTAVIO LUNA 2007 - 42024 29.60 0.000 30.10 59.70 T 43521107 OUTLAW CHRISTY DENISE 2007 - 42004 49.23 0.000 36.04 85.27 T, D 33132107 PARM BRANDY NICOLE 2007 - 42047 15.80 0.000 16.26 32.06 T, D 52349107 PENTON JAMES PATRICK JR 2007 - 42105 27.83 0.000 28.26 56.09 T, D 22203107 PEREZ JORGE HERNANDEZ 2007 - 42066 9.07 0.000 4.53 13.60 1/28/2013 T, D 2046107 PETTAY BONNIE LOU 2007 - 42107 9.69 0.000 9.39 19.08 T 99999107 PETTIFORD ELLA WILLIAMS 2007 - 42082 3.58 0.000 3.99 7.57 T 10181107 PETTIFORD EULA STANFIELD 2007 - 42375 36.61 0.000 34.00 70.61 T, D 10181107 PETTIFORD EULA STANFIELD 2007 - 42366 6.95 0.000 6.32 13.27 T, D 99999107 PETTIFORD JERRY DEAN 2007 - 42186 5.79 0.000 2.11 7.90 2/21/2014 T 99999107 PETTIFORD JERRY DEAN 2007 - 42144 93.18 0.000 85.85 179.03 T 53806107 PETTIFORD MARKEITON TREMAYNE 2007 - 42376 104.30 0.000 49.34 153.64 T, D 22736107 POINTER SINCLAIR LAMONT 2007 - 42254 14.98 0.000 14.19 29.17 T 45331107 POWELL SEQUORIA TRIVONNE 2007 - 42360 34.92 0.000 4.69 39.61 12/16/2016 T 48760107 PRICE BRIAN KEITH 2007 - 42303 53.63 0.000 50.31 103.94 T, D 99999107 PROCTOR JAMES BURNICE JR 2007 - 42226 76.30 0.000 73.94 150.24 T 52371107 PUENTE CARLOS LOPEZ 2007 - 42231 91.07 0.000 88.23 179.30 T 52371107 PUENTE CARLOS LOPEZ 2007 - 42115 26.82 0.000 26.75 53.57 T 52371107 PUENTE CARLOS LOPEZ 2007 - 42108 16.32 0.000 16.09 32.41 T 99999107 PUETT MICHAEL ALAN 2007 - 42088 21.93 0.000 10.60 32.53 12/21/2012 T 99999107 RAMIREZ FRYLAN MONCADA 2007 - 42117 19.18 0.000 18.77 37.95 T 52318107 RASNICK ROBERT BRADY 2007 - 42096 38.16 0.000 39.00 77.16 T, D 28225107 RAYNOR SHAUNA WHITFIELD 2007 - 42380 6.42 0.000 3.73 10.15 3/22/2012 T, D 48809107 REAVES CHRISTY DAWN 2007 - 42170 37.77 0.000 20.67 58.44 T, D 49949107 REVIS ELAINE ANITA 2007 - 42169 49.53 0.000 25.54 75.07 9/24/2012 T, D 35887107 RIMMER ALICE SUE 2007 - 42071 21.00 0.000 21.51 42.51 T, D 46975107 ROACH IRA STEPHEN 2007 - 42142 12.39 0.000 11.99 24.38 T, D 5726107 ROACH SAMUEL ROY 2007 - 42294 7.14 0.000 6.44 13.58 T, D 20410107 RODRIGUEZ JOSE BARRON 2007 - 42037 1.70 0.000 1.31 3.01 9/13/2007 T 99178107 ROLLING FRITO LAY SALES LP 2007 - 42080 59.09 0.000 32.73 91.82 T 43395107 ROLLINS DONNA EVON 2007 - 42020 20.87 0.000 21.82 42.69 T 20812107 ROYSTER GALISA LYNETT 2007 - 1049650 0.00 0.000 0.00 0.00 5/23/2014 V Page 5 of 13 RUN DATE: 7/30/2018 8:46 AM INSOLVENTS-REAL/PERSONAL Person County 310 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 44930107 ROYSTER JAMES EARL 2007 - 42305 69.92 0.000 62.30 132.22 T, D 44930107 ROYSTER JAMES EARL 2007 - 42099 14.43 0.000 12.69 27.12 T, D 99999107 ROYSTER ROBERT DOLPHIN 2007 - 42299 85.82 0.000 54.48 140.30 10/26/2012 T 20931107 ROYSTER SHIRLEY HARRIS 2007 - 42124 18.85 0.000 18.74 37.59 T, D 42423107 RUFFIN SHEILA OSHEA 2007 - 42306 13.72 0.000 12.82 26.54 T 57027107 SANCHEZ DAVID KEITH 2007 - 42042 5.66 0.000 5.46 11.12 T 99187107 SANFORD SHANNON LEONARD 2007 - 42333 6.09 0.000 6.26 12.35 T 42498107 SATTERFIELD FREDERICK LAMONT 2007 - 42168 17.36 0.000 17.12 34.48 T 49338107 SCARBOROUGH JASON LEE 2007 - 42207 12.95 0.000 13.02 25.97 T 52208107 SCHWARTZ MELISSA LEE 2007 - 42065 4.36 0.000 4.11 8.47 T 18658107 SCHWEERS SUSAN ELIZABETH 2007 - 42162 6.86 0.000 6.60 13.46 T 18658107 SCHWEERS SUSAN ELIZABETH 2007 - 42006 6.37 0.000 6.80 13.17 T 25740107 SCOTT CHARLES EVERETT 2007 - 42139 8.12 0.000 7.98 16.10 T 52350107 SCUDDER JAY MALACHI 2007 - 42106 20.75 0.000 21.48 42.23 T, D 51339107 SELF TRACY LYNN 2007 - 42150 73.03 0.000 47.55 120.58 2/22/2010 T, D 55432107 SHOBE LINDA CLAY 2007 - 42194 47.74 0.000 1.41 49.15 7/16/2018 T, MG, D, ME 53457107 SIMMONS DESHAWN ANTONIO 2007 - 42309 58.79 0.000 33.18 91.97 T, D 51614107 SIMPSON JUSTIN BLAKE 2007 - 42371 17.01 0.000 16.30 33.31 T, D 26374107 SKINNER MYRTLE RUTH 2007 - 42343 37.46 0.000 34.65 72.11 T, D 4897107 SLAUGHTER STEPHANIE MICHELLE 2007 - 42081 42.09 0.000 6.67 48.76 4/27/2015 T 50696107 SMITH ANTHONY DUWAYNE 2007 - 42250 18.26 0.000 7.67 25.93 11/22/2013 T, D 36367107 SMITH MONICA GAIL 2007 - 42016 34.74 0.000 11.57 46.31 2/27/2015 T, D 99999107 SMITHERS ROGER LEE 2007 - 42025 23.14 0.000 23.29 46.43 T 53657107 SOLOMON CATHY WILLIAMSON 2007 - 42014 17.81 0.000 17.82 35.63 T, D 53769107 SOLOMON JAMIE LYNN 2007 - 42357 41.80 0.000 39.01 80.81 T, D 23419107 SOLOMON JEREMIAH KEITH 2007 - 42321 76.11 0.000 64.50 140.61 T, D 99186107 SOTO MARIO ARRIAGA 2007 - 42358 6.93 0.000 6.32 13.25 T 99999107 SPEARS VANGELA IRENE 2007 - 42138 12.67 0.000 13.19 25.86 T 22498107 SPEIGHT DEBORAH PETERSON 2007 - 42122 47.33 0.000 34.57 81.90 T, D 36536107 SPENCER CARMETRIS LYNETTE 2007 - 42091 20.67 0.000 21.47 42.14 T 99999107 STAFFORD DALE MARTIN 2007 - 42221 48.09 0.000 46.69 94.78 T 38683107 STALLINGS KENNETH WAYNE 2007 - 42090 34.52 0.000 35.00 69.52 T, D 46503107 STANBACK IRIS FOX 2007 - 42193 25.06 0.000 24.03 49.09 T, D 46503107 STANBACK IRIS FOX 2007 - 42189 6.65 0.000 6.33 12.98 T, D 26134107 STANTON HOWARD JR 2007 - 42057 61.82 0.000 62.47 124.29 T, D 52923107 STEPHENS SHAMARA RENEE 2007 - 42177 54.18 0.000 21.10 75.28 4/8/2015 T, D 37806107 STEWART ANGEL NICOLE 2007 - 42312 78.96 0.000 37.78 116.74 2/26/2013 D 28454107 STEWART ERNESTINE COUSIN 2007 - 42062 8.32 0.000 8.18 16.50 T 27321107 STEWART LENA RENOTTA 2007 - 42217 16.94 0.000 4.95 21.89 8/3/2015 T, D 38124107 STONE STEVEN RAY 2007 - 42255 14.29 0.000 4.27 18.56 3/19/2015 T, D 38124107 STONE STEVEN RAY 2007 - 42157 20.91 0.000 21.02 41.93 T, D 47359107 SUMMERS WILLIAM JOSEPH 2007 - 42181 67.17 0.000 47.40 114.57 T, D 53756107 TABORN AARON 2007 - 42348 8.05 0.000 7.54 15.59 T 53765107 TABORN MAKEY 2007 - 42355 52.14 0.000 15.86 68.00 T, D 40571107 TALLY WILLIEMETA 2007 - 42143 102.11 0.000 102.10 204.21 T, D 99999107 TATUM CLYDE OSBOURN JR 2007 - 42329 181.48 0.000 172.29 353.77 T Page 6 of 13 RUN DATE: 7/30/2018 8:46 AM INSOLVENTS-REAL/PERSONAL Person County 311 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 99999107 TATUM CLYDE OSBOURN JR 2007 - 42295 36.67 0.000 35.67 72.34 T 99999107 TATUM CLYDE OSBOURN JR 2007 - 42132 22.35 0.000 22.52 44.87 T 2323107 THAXTON MARTIN RAY 2007 - 42152 34.84 0.000 34.51 69.35 T, D 32296107 THAXTON MICHAEL GLENN 2007 - 42262 29.63 0.000 20.44 50.07 T, D 9603107 THAXTON SARAH RAYNOR 2007 - 42079 7.93 0.000 8.08 16.01 T 34571107 THOMAS JESSIE L 2007 - 42198 21.17 0.000 20.89 42.06 T 99999107 THOMAS JESSIE WALKER 2007 - 42251 5.25 0.000 6.15 11.40 T 26279107 THOMAS MONIQUE 2007 - 42257 21.17 0.000 20.57 41.74 T 53783107 THOMPSON PAUL DUSTIN EARL 2007 - 42365 4.55 0.000 3.84 8.39 T 53622107 THORNTON RANDALL D 2007 - 42330 58.22 0.000 55.68 113.90 T, D 50394107 TILLEY JOYCE ELIZABETH 2007 - 42328 24.71 0.000 24.00 48.71 T, D 14895107 TILLEY KIMBERLY FRAZIER 2007 - 42267 32.41 0.000 25.12 57.53 9/2/2008 T, D 52858107 TOLENTINO DELFINO LUCAS 2007 - 42176 26.16 0.000 26.28 52.44 T 44951107 TOLENTINO MARIA SANJUAN 2007 - 42372 13.51 0.000 12.59 26.10 T, D 27076107 TORRES BRIGIDO SIERRA 2007 - 42039 10.01 0.000 10.78 20.79 21021107 TORRES TORRES JESUS 2007 - 42291 18.55 0.000 17.86 36.41 T 99249107 TREJO ODILON RAMIREZ 2007 - 42175 25.62 0.000 22.53 48.15 7/23/2014 T 99161107 TURNER BETTY ANN 2007 - 42116 26.43 0.000 26.71 53.14 T, D 53858107 TURNER JASON CHRISTOPHER 2007 - 42383 34.69 0.000 8.92 43.61 T 99999107 TYNDALL NORWOOD NATHAN CHANDLE 2007 - 42012 1.95 0.000 1.44 3.39 T 42717107 VELASQUEZ EDVIN SAUL CHACON 2007 - 42265 19.11 0.000 18.07 37.18 T 42717107 VELASQUEZ EDVIN SAUL CHACON 2007 - 42095 6.24 0.000 6.68 12.92 T 19495107 VICKS DAVID BENJAMIN 2007 - 42307 7.42 0.000 7.59 15.01 T, D 19495107 VICKS DAVID BENJAMIN 2007 - 42300 48.11 0.000 45.98 94.09 T, D 64010107 VILLAGRAN JOSEFINA HERNANDEZ 2007 - 42061 30.42 0.000 31.17 61.59 T, D 35676107 WADE SALLY LAVERNE 2007 - 42341 25.51 0.000 23.91 49.42 T, D 35676107 WADE SALLY LAVERNE 2007 - 42192 64.53 0.000 59.91 124.44 T, D 53385107 WALKER LEONARD CARNELL 2007 - 42275 21.43 0.000 20.60 42.03 T 35618107 WALKER RONNIE ALLEN JR 2007 - 42030 28.65 0.000 17.05 45.70 2/16/2010 T, D 37393107 WALSH JENNIFER LEE 2007 - 42259 4.13 0.000 3.82 7.95 D 40291107 WATKINS DANNY JAMES 2007 - 42129 8.13 0.000 9.21 17.34 D 51976107 WELBURN DEREK TRAVIS 2007 - 42126 118.58 0.000 89.09 207.67 10/15/2014 T, D 51976107 WELBURN DEREK TRAVIS 2007 - 42029 220.97 0.000 226.83 447.80 T, D 52806107 WILEY EDDIE MCCOY 2007 - 42165 72.06 0.000 58.02 130.08 T, D 51681107 WILKERSON JAMAR 2007 - 42216 5.53 0.000 5.21 10.74 T 50723107 WILKERSON LETITIA RAGLAND 2007 - 42188 5.53 0.000 5.25 10.78 T 53821107 WILKERSON MADALINE YANCEY 2007 - 42377 46.27 0.000 43.93 90.20 T, D 38289107 WILLIAMS DANIAL CHAVIS 2007 - 42208 6.02 0.000 6.41 12.43 T, D 38289107 WILLIAMS DANIAL CHAVIS 2007 - 42043 6.50 0.000 6.77 13.27 T, D 38289107 WILLIAMS DANIEL CHAVIS 2007 - 42210 3.50 0.000 3.83 7.33 T, D 52467107 WILLIAMS LARRY 2007 - 42130 38.70 0.000 38.78 77.48 T, D 34879107 WILLIAMS MICHAEL JAMAL 2007 - 42027 26.59 0.000 27.32 53.91 D 99999107 WILLIAMS RICHARD DARREL 2007 - 42178 92.90 0.000 32.87 125.77 7/25/2014 T 99999107 WILLIAMS RICHARD DARREL 2007 - 42097 69.88 0.000 70.09 139.97 T 53786107 WILLIAMS TRAVIS JOVAN 2007 - 42367 90.33 0.000 71.32 161.65 T, D 7074107 WILSON DEXTER WAYNE 2007 - 42063 12.35 0.000 14.67 27.02 T, D 99999107 WILSON RANDALL GRANT 2007 - 42296 7.21 0.000 6.30 13.51 T 99999107 WOLFE LAWRENCE BEAN 2007 - 42015 77.68 0.000 79.30 156.98 T Page 7 of 13 RUN DATE: 7/30/2018 8:46 AM INSOLVENTS-REAL/PERSONAL Person County 312 ACCT#NAME PARCEL#/TITLE YR BILL PRINCIPAL DISC FEES INTEREST AMOUNT DUE PAY DATE DE ST 53834107 WOOD KISHIA DANIEL 2007 - 42379 148.23 0.000 139.52 287.75 T, D 5944107 WOODALL LISA FAULKNER 2007 - 42102 30.36 0.000 30.95 61.31 T, D 99999107 WOODY JAMES THOMAS 2007 - 42078 23.78 0.000 24.22 48.00 T 49086107 WOODY SANDY DARLENE 2007 - 42110 5.59 0.000 5.38 10.97 T 58667110 WRENN KELLY JEAN 2007 - 42044 53.61 0.000 54.30 107.91 T, D 58667111 WRENN KELLY JEAN 2007 - 42260 28.27 0.000 27.06 55.33 T, D 37468107 WRENN TERESA THOMPSON 2007 - 42036 59.76 0.000 17.59 77.35 5/18/2015 T, D 99446107 ZUNIGA FELIPE DE JESUS 2007 - 42261 13.86 0.000 12.93 26.79 T TOTALS FOR C ADVLTAX County Tax YEAR ASSESSED PRINCIPAL DISCOUNT INTEREST BALANCE DUE REAL VALUE PERSONAL VALUE TOTAL 2007 7,707.66 0.00 6,793.31 14,500.97 0.00 0.00 0.00 TOTALS 7,707.66 0.00 6,793.31 14,500.97 0.00 0.00 0.00 Page 8 of 13 RUN DATE: 7/30/2018 8:46 AM INSOLVENTS-REAL/PERSONAL Person County 313 PARAMETERS SELECTED FOR COLLECTIONS MONTHLY TOTALS REPORT: REPORT KEY: June 2018 collection rates-month end Created: Jul 2 2018 10:46AM DISPLAY DISCOUNT COLUMN: NO RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 314 ALL BILLS DISTRICT County TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 23,231,599.00 0.00 6,270,973.27 19,843.82 29,482,728.45 29,082,159.54 400,568.91 125.18 98.64 2016 370,871.28 0.00 273.04 252.16 370,892.16 195,389.64 175,502.52 52.68 52.68 2015 175,131.27 0.00 261.30 394.16 174,998.41 68,280.57 106,717.84 38.99 39.02 2014 96,639.19 0.00 261.30 75.88 96,824.61 24,796.70 72,027.91 25.66 25.61 2013 80,393.18 0.00 0.00 66.01 80,327.17 18,409.72 61,917.45 22.90 22.92 2012 55,941.54 0.00 0.00 253.37 55,688.17 13,156.52 42,531.65 23.52 23.63 2011 45,485.70 0.00 0.00 340.52 45,145.18 11,957.44 33,187.74 26.29 26.49 2010 30,396.62 0.00 0.00 329.60 30,067.02 2,415.71 27,651.31 7.95 8.03 2009 27,021.40 0.00 0.00 233.39 26,788.01 2,071.61 24,716.40 7.67 7.73 2008 24,551.09 0.00 0.00 56.94 24,494.15 1,973.56 22,520.59 8.04 8.06 2007 20,007.23 0.00 0.00 75.49 19,931.74 2,375.88 17,555.86 11.88 11.92 TOTAL:24,158,037.50 0.00 6,271,768.91 21,921.34 30,407,885.07 29,422,986.89 984,898.18 121.79 96.76 Page 1 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 315 ALL BILLS DISTRICT County Late List Penalty TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 13,227.22 0.00 361.47 174.38 13,414.31 12,117.91 1,296.40 91.61 90.34 2016 1,329.79 0.00 1.17 19.98 1,310.98 724.86 586.12 54.51 55.29 2015 600.43 0.00 0.00 5.30 595.13 149.54 445.59 24.91 25.13 2014 467.19 0.00 0.00 1.41 465.78 63.95 401.83 13.69 13.73 2013 399.48 0.00 0.00 1.09 398.39 42.26 356.13 10.58 10.61 2012 267.53 0.00 0.00 2.87 264.66 42.33 222.33 15.82 15.99 2011 224.12 0.00 0.00 1.19 222.93 22.71 200.22 10.13 10.19 2010 150.49 0.00 0.00 0.00 150.49 21.13 129.36 14.04 14.04 2009 242.39 0.00 0.00 0.00 242.39 19.99 222.40 8.25 8.25 2008 123.11 0.00 0.00 0.00 123.11 0.75 122.36 0.61 0.61 2007 152.20 0.00 0.00 0.00 152.20 3.06 149.14 2.01 2.01 TOTAL:17,183.95 0.00 362.64 206.22 17,340.37 13,208.49 4,131.88 76.87 76.17 Page 2 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 316 ALL BILLS DISTRICT Dog / Cat TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 15,600.00 0.00 12.00 18.58 15,593.42 15,163.55 429.87 97.20 97.24 2016 559.06 0.00 0.00 12.05 547.01 298.39 248.62 53.37 54.55 2015 206.88 0.00 0.00 4.37 202.51 52.61 149.90 25.43 25.98 2014 148.61 0.00 0.00 0.00 148.61 19.93 128.68 13.41 13.41 2013 138.53 0.00 0.00 0.00 138.53 30.84 107.69 22.26 22.26 2012 87.02 0.00 0.00 0.00 87.02 3.02 84.00 3.47 3.47 2011 69.00 0.00 0.00 0.00 69.00 0.00 69.00 0.00 0.00 2010 93.00 0.00 0.00 0.00 93.00 4.67 88.33 5.02 5.02 2009 54.00 0.00 0.00 0.00 54.00 0.00 54.00 0.00 0.00 2008 48.00 0.00 0.00 0.00 48.00 0.00 48.00 0.00 0.00 2007 48.00 0.00 0.00 0.00 48.00 0.00 48.00 0.00 0.00 TOTAL:17,052.10 0.00 12.00 35.00 17,029.10 15,573.01 1,456.09 91.33 91.45 Page 3 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 317 ALL BILLS DISTRICT City of Roxboro TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 4,350,663.68 0.00 105,836.64 10,995.58 4,445,504.74 4,368,835.18 76,669.56 100.42 98.28 2016 61,219.58 0.00 0.00 0.68 61,218.90 30,830.65 30,388.25 50.36 50.36 2015 31,702.30 0.00 0.00 233.93 31,468.37 13,957.27 17,511.10 44.03 44.35 2014 16,521.13 0.00 0.00 0.00 16,521.13 2,069.41 14,451.72 12.53 12.53 2013 17,397.32 0.00 0.00 0.46 17,396.86 2,970.53 14,426.33 17.07 17.08 2012 14,066.17 0.00 0.00 0.00 14,066.17 1,737.60 12,328.57 12.35 12.35 2011 11,693.80 0.00 0.00 50.71 11,643.09 586.19 11,056.90 5.01 5.03 2010 10,947.10 0.00 0.00 78.91 10,868.19 369.03 10,499.16 3.37 3.40 2009 9,031.35 0.00 0.00 116.90 8,914.45 247.11 8,667.34 2.74 2.77 2008 9,485.57 0.00 0.00 30.49 9,455.08 264.73 9,190.35 2.79 2.80 2007 8,030.00 0.00 0.00 17.10 8,012.90 1,113.74 6,899.16 13.87 13.90 TOTAL:4,540,758.00 0.00 105,836.64 11,524.76 4,635,069.88 4,422,981.44 212,088.44 97.41 95.42 Page 4 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 318 ALL BILLS DISTRICT Roxboro Late Listing Penalty TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 3,409.44 0.00 120.51 104.43 3,425.52 2,974.11 451.41 87.23 86.82 2016 326.15 0.00 0.00 0.00 326.15 63.86 262.29 19.58 19.58 2015 247.69 0.00 0.00 0.00 247.69 38.35 209.34 15.48 15.48 2014 199.67 0.00 0.00 0.00 199.67 2.40 197.27 1.20 1.20 2013 191.85 0.00 0.00 0.00 191.85 2.53 189.32 1.32 1.32 2012 148.40 0.00 0.00 0.00 148.40 19.70 128.70 13.27 13.27 2011 115.00 0.00 0.00 0.00 115.00 5.11 109.89 4.44 4.44 2010 85.49 0.00 0.00 0.00 85.49 0.00 85.49 0.00 0.00 2009 87.22 0.00 0.00 0.00 87.22 0.00 87.22 0.00 0.00 2008 80.69 0.00 0.00 0.00 80.69 0.65 80.04 0.81 0.81 2007 58.86 0.00 0.00 0.00 58.86 0.00 58.86 0.00 0.00 TOTAL:4,950.46 0.00 120.51 104.43 4,966.54 3,106.71 1,859.83 62.76 62.55 Page 5 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 319 ALL BILLS DISTRICT Advertisement Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 7,329.00 57.00 7,272.00 4,335.98 2,936.02 0.00 59.63 2016 5,592.66 0.00 50.00 50.00 5,592.66 3,248.39 2,344.27 58.08 58.08 2015 1,725.00 0.00 0.00 0.00 1,725.00 558.00 1,167.00 32.35 32.35 2014 1,260.00 0.00 0.00 0.00 1,260.00 273.00 987.00 21.67 21.67 2013 928.85 0.00 0.00 0.00 928.85 168.48 760.37 18.14 18.14 2012 546.63 0.00 0.00 0.00 546.63 126.00 420.63 23.05 23.05 2011 531.00 0.00 0.00 0.00 531.00 129.00 402.00 24.29 24.29 2010 336.00 0.00 0.00 0.00 336.00 21.00 315.00 6.25 6.25 2009 394.60 0.00 0.00 0.00 394.60 28.54 366.06 7.23 7.23 2008 229.08 0.00 0.00 0.00 229.08 25.08 204.00 10.95 10.95 2007 192.00 0.00 0.00 0.00 192.00 21.00 171.00 10.94 10.94 TOTAL:11,735.82 0.00 7,379.00 107.00 19,007.82 8,934.47 10,073.35 76.13 47.00 Page 6 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 320 ALL BILLS DISTRICT Garnishment Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 16,080.00 300.00 15,780.00 13,348.51 2,431.49 0.00 84.59 2016 0.00 0.00 2,280.00 60.00 2,220.00 1,168.61 1,051.39 0.00 52.64 2015 0.00 0.00 330.00 0.00 330.00 120.00 210.00 0.00 36.36 2014 0.00 0.00 30.00 0.00 30.00 30.00 0.00 0.00 100.00 2013 0.00 0.00 0.00 0.00 1,140.00 270.00 870.00 0.00 23.68 2012 0.00 0.00 60.00 0.00 1,260.00 321.26 938.74 0.00 25.50 2011 0.00 0.00 30.00 0.00 540.00 150.00 390.00 0.00 27.78 2010 0.00 0.00 0.00 0.00 510.00 150.00 360.00 0.00 29.41 2009 0.00 0.00 0.00 30.00 360.00 60.00 300.00 0.00 16.67 2008 0.00 0.00 0.00 0.00 270.00 120.00 150.00 0.00 44.44 2007 0.00 0.00 30.00 0.00 390.00 180.00 210.00 0.00 46.15 TOTAL:0.00 0.00 18,840.00 390.00 22,830.00 15,918.38 6,911.62 0.00 69.73 Page 7 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 321 ALL BILLS DISTRICT Attorney Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 3,900.00 0.00 3,900.00 0.00 3,900.00 0.00 0.00 2016 14,132.64 0.00 9,688.66 2,362.64 21,458.66 7,110.16 14,348.50 50.31 33.13 2013 1,605.00 0.00 0.00 0.00 1,605.00 0.00 1,605.00 0.00 0.00 2012 9,508.76 0.00 3,795.89 363.50 12,941.15 155.00 12,786.15 1.63 1.20 2011 1,105.00 0.00 1,640.88 0.00 2,745.88 2,745.88 0.00 248.50 100.00 2010 948.16 0.00 0.00 0.00 948.16 93.16 855.00 9.83 9.83 2009 1,329.19 0.00 0.00 0.00 1,329.19 0.00 1,329.19 0.00 0.00 2008 1,280.00 0.00 155.00 0.00 1,435.00 0.00 1,435.00 0.00 0.00 2007 31,237.95 0.00 2,834.08 0.00 34,072.03 2,503.31 31,568.72 8.01 7.35 TOTAL:61,146.70 0.00 22,014.51 2,726.14 80,435.07 12,607.51 67,827.56 20.62 15.67 Page 8 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 322 ALL BILLS DISTRICT Other Lien Fees TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2016 1,290.00 0.00 0.00 60.00 1,230.00 652.48 577.52 50.58 53.05 2015 363.00 0.00 0.00 30.00 333.00 123.00 210.00 33.88 36.94 2014 393.00 0.00 0.00 0.00 393.00 180.00 213.00 45.80 45.80 2013 2,913.00 0.00 0.00 0.00 2,913.00 637.76 2,275.24 21.89 21.89 2012 3,043.88 0.00 0.00 0.00 3,043.88 705.81 2,338.07 23.19 23.19 2011 2,165.10 0.00 0.00 0.00 2,165.10 270.00 1,895.10 12.47 12.47 2010 1,205.91 0.00 0.00 38.64 1,167.27 373.49 793.78 30.97 32.00 2009 966.99 0.00 0.00 0.00 966.99 117.70 849.29 12.17 12.17 2008 890.97 0.00 0.00 0.00 890.97 148.03 742.94 16.61 16.61 2007 1,409.91 0.00 0.00 0.00 1,409.91 256.09 1,153.82 18.16 18.16 TOTAL:14,641.76 0.00 0.00 128.64 14,513.12 3,464.36 11,048.76 23.66 23.87 Page 9 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 323 ALL BILLS DISTRICT Insufficient Funds Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 934.19 25.00 909.19 909.19 0.00 0.00 100.00 2016 126.74 0.00 0.00 0.00 126.74 126.74 0.00 100.00 100.00 2012 25.00 0.00 0.00 0.00 25.00 0.00 25.00 0.00 0.00 2010 25.00 0.00 0.00 0.00 25.00 25.00 0.00 100.00 100.00 TOTAL:176.74 0.00 934.19 25.00 1,085.93 1,060.93 25.00 600.28 97.70 Page 10 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 324 ALL BILLS DISTRICT Stormwater Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 270,131.00 0.00 6,794.00 268.59 276,656.41 268,235.66 8,420.75 99.30 96.96 2016 7,672.75 0.00 0.00 3.13 7,669.62 3,491.22 4,178.40 45.50 45.52 2015 4,100.63 0.00 0.00 0.04 4,100.59 1,154.94 2,945.65 28.16 28.17 2014 2,661.95 0.00 0.00 0.02 2,661.93 604.55 2,057.38 22.71 22.71 2013 1,882.80 0.00 0.00 0.00 1,882.80 404.58 1,478.22 21.49 21.49 TOTAL:286,449.13 0.00 6,794.00 271.78 292,971.35 273,890.95 19,080.40 95.62 93.49 Page 11 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 325 ALL BILLS DISTRICT Abatement Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 1,265.00 0.00 1,265.00 425.00 840.00 0.00 33.60 2016 773.21 0.00 0.00 0.00 773.21 113.21 660.00 14.64 14.64 2015 133.00 0.00 0.00 0.00 133.00 110.00 23.00 82.71 82.71 2014 3,139.59 0.00 200.00 0.00 3,339.59 545.00 2,794.59 17.36 16.32 2013 3,878.65 0.00 752.50 0.00 4,631.15 0.00 4,631.15 0.00 0.00 TOTAL:7,924.45 0.00 2,217.50 0.00 10,141.95 1,193.21 8,948.74 15.06 11.77 Page 12 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 326 ALL BILLS DISTRICT ALL TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 27,884,630.34 0.00 6,413,606.08 31,787.38 34,266,449.04 33,768,504.63 497,944.41 121.10 98.55 2016 463,893.86 0.00 12,292.87 2,820.64 473,366.09 243,218.21 230,147.88 52.43 51.38 2015 214,210.20 0.00 591.30 667.80 214,133.70 84,544.28 129,589.42 39.47 39.48 2014 121,430.33 0.00 491.30 77.31 121,844.32 28,584.94 93,259.38 23.54 23.46 2013 109,728.66 0.00 752.50 67.56 111,553.60 22,936.70 88,616.90 20.90 20.56 2012 83,634.93 0.00 3,855.89 619.74 88,071.08 16,267.24 71,803.84 19.45 18.47 2011 61,388.72 0.00 1,670.88 392.42 63,177.18 15,866.33 47,310.85 25.85 25.11 2010 44,187.77 0.00 0.00 447.15 44,250.62 3,473.19 40,777.43 7.86 7.85 2009 39,127.14 0.00 0.00 380.29 39,136.85 2,544.95 36,591.90 6.50 6.50 2008 36,688.51 0.00 155.00 87.43 37,026.08 2,532.80 34,493.28 6.90 6.84 2007 61,136.15 0.00 2,864.08 92.59 64,267.64 6,453.08 57,814.56 10.56 10.04 TOTAL:29,120,056.61 0.00 6,436,279.90 37,440.31 35,523,276.20 34,194,926.35 1,328,349.85 117.43 96.26 Page 13 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 327 REAL AND PERSONAL BILLS DISTRICT County TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 23,231,599.00 0.00 6,270,973.27 19,843.82 29,482,728.45 29,082,159.54 400,568.91 125.18 98.64 2016 370,871.28 0.00 273.04 252.16 370,892.16 195,389.64 175,502.52 52.68 52.68 2015 175,131.27 0.00 261.30 394.16 174,998.41 68,280.57 106,717.84 38.99 39.02 2014 96,639.19 0.00 261.30 75.88 96,824.61 24,796.70 72,027.91 25.66 25.61 2013 70,716.53 0.00 0.00 63.74 70,652.79 17,211.53 53,441.26 24.34 24.36 2012 43,457.61 0.00 0.00 89.83 43,367.78 11,599.41 31,768.37 26.69 26.75 2011 35,375.16 0.00 0.00 11.90 35,363.26 11,313.76 24,049.50 31.98 31.99 2010 21,132.61 0.00 0.00 12.61 21,120.00 1,897.62 19,222.38 8.98 8.98 2009 19,170.37 0.00 0.00 0.00 19,170.37 1,610.85 17,559.52 8.40 8.40 2008 14,861.50 0.00 0.00 0.00 14,861.50 1,311.80 13,549.70 8.83 8.83 2007 11,826.11 0.00 0.00 0.00 11,826.11 1,977.91 9,848.20 16.72 16.72 TOTAL:24,090,780.63 0.00 6,271,768.91 20,744.10 30,341,805.44 29,417,549.33 924,256.11 122.11 96.95 Page 14 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 328 REAL AND PERSONAL BILLS DISTRICT County Late List Penalty TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 13,227.22 0.00 361.47 174.38 13,414.31 12,117.91 1,296.40 91.61 90.34 2016 1,329.79 0.00 1.17 19.98 1,310.98 724.86 586.12 54.51 55.29 2015 600.43 0.00 0.00 5.30 595.13 149.54 445.59 24.91 25.13 2014 467.19 0.00 0.00 1.41 465.78 63.95 401.83 13.69 13.73 2013 399.48 0.00 0.00 1.09 398.39 42.26 356.13 10.58 10.61 2012 267.53 0.00 0.00 2.87 264.66 42.33 222.33 15.82 15.99 2011 224.12 0.00 0.00 1.19 222.93 22.71 200.22 10.13 10.19 2010 150.49 0.00 0.00 0.00 150.49 21.13 129.36 14.04 14.04 2009 242.39 0.00 0.00 0.00 242.39 19.99 222.40 8.25 8.25 2008 123.11 0.00 0.00 0.00 123.11 0.75 122.36 0.61 0.61 2007 152.20 0.00 0.00 0.00 152.20 3.06 149.14 2.01 2.01 TOTAL:17,183.95 0.00 362.64 206.22 17,340.37 13,208.49 4,131.88 76.87 76.17 Page 15 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 329 REAL AND PERSONAL BILLS DISTRICT Dog / Cat TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 15,600.00 0.00 12.00 18.58 15,593.42 15,163.55 429.87 97.20 97.24 2016 559.06 0.00 0.00 12.05 547.01 298.39 248.62 53.37 54.55 2015 206.88 0.00 0.00 4.37 202.51 52.61 149.90 25.43 25.98 2014 148.61 0.00 0.00 0.00 148.61 19.93 128.68 13.41 13.41 2013 138.53 0.00 0.00 0.00 138.53 30.84 107.69 22.26 22.26 2012 87.02 0.00 0.00 0.00 87.02 3.02 84.00 3.47 3.47 2011 69.00 0.00 0.00 0.00 69.00 0.00 69.00 0.00 0.00 2010 93.00 0.00 0.00 0.00 93.00 4.67 88.33 5.02 5.02 2009 54.00 0.00 0.00 0.00 54.00 0.00 54.00 0.00 0.00 2008 48.00 0.00 0.00 0.00 48.00 0.00 48.00 0.00 0.00 2007 48.00 0.00 0.00 0.00 48.00 0.00 48.00 0.00 0.00 TOTAL:17,052.10 0.00 12.00 35.00 17,029.10 15,573.01 1,456.09 91.33 91.45 Page 16 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 330 REAL AND PERSONAL BILLS DISTRICT City of Roxboro TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 4,350,663.68 0.00 105,836.64 10,995.58 4,445,504.74 4,368,835.18 76,669.56 100.42 98.28 2016 61,219.58 0.00 0.00 0.68 61,218.90 30,830.65 30,388.25 50.36 50.36 2015 31,702.30 0.00 0.00 233.93 31,468.37 13,957.27 17,511.10 44.03 44.35 2014 16,521.13 0.00 0.00 0.00 16,521.13 2,069.41 14,451.72 12.53 12.53 2013 13,253.84 0.00 0.00 0.00 13,253.84 2,692.99 10,560.85 20.32 20.32 2012 8,411.46 0.00 0.00 0.00 8,411.46 1,294.92 7,116.54 15.39 15.39 2011 6,290.47 0.00 0.00 0.00 6,290.47 338.47 5,952.00 5.38 5.38 2010 5,065.26 0.00 0.00 0.00 5,065.26 23.23 5,042.03 0.46 0.46 2009 4,315.33 0.00 0.00 0.00 4,315.33 23.23 4,292.10 0.54 0.54 2008 3,800.50 0.00 0.00 0.00 3,800.50 23.23 3,777.27 0.61 0.61 2007 3,077.46 0.00 0.00 0.00 3,077.46 784.28 2,293.18 25.48 25.48 TOTAL:4,504,321.01 0.00 105,836.64 11,230.19 4,598,927.46 4,420,872.86 178,054.60 98.15 96.13 Page 17 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 331 REAL AND PERSONAL BILLS DISTRICT Roxboro Late Listing Penalty TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 3,409.44 0.00 120.51 104.43 3,425.52 2,974.11 451.41 87.23 86.82 2016 326.15 0.00 0.00 0.00 326.15 63.86 262.29 19.58 19.58 2015 247.69 0.00 0.00 0.00 247.69 38.35 209.34 15.48 15.48 2014 199.67 0.00 0.00 0.00 199.67 2.40 197.27 1.20 1.20 2013 191.85 0.00 0.00 0.00 191.85 2.53 189.32 1.32 1.32 2012 148.40 0.00 0.00 0.00 148.40 19.70 128.70 13.27 13.27 2011 115.00 0.00 0.00 0.00 115.00 5.11 109.89 4.44 4.44 2010 85.49 0.00 0.00 0.00 85.49 0.00 85.49 0.00 0.00 2009 87.22 0.00 0.00 0.00 87.22 0.00 87.22 0.00 0.00 2008 80.69 0.00 0.00 0.00 80.69 0.65 80.04 0.81 0.81 2007 58.86 0.00 0.00 0.00 58.86 0.00 58.86 0.00 0.00 TOTAL:4,950.46 0.00 120.51 104.43 4,966.54 3,106.71 1,859.83 62.76 62.55 Page 18 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 332 REAL AND PERSONAL BILLS DISTRICT Advertisement Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 7,329.00 57.00 7,272.00 4,335.98 2,936.02 0.00 59.63 2016 5,592.66 0.00 50.00 50.00 5,592.66 3,248.39 2,344.27 58.08 58.08 2015 1,725.00 0.00 0.00 0.00 1,725.00 558.00 1,167.00 32.35 32.35 2014 1,260.00 0.00 0.00 0.00 1,260.00 273.00 987.00 21.67 21.67 2013 928.85 0.00 0.00 0.00 928.85 168.48 760.37 18.14 18.14 2012 546.63 0.00 0.00 0.00 546.63 126.00 420.63 23.05 23.05 2011 531.00 0.00 0.00 0.00 531.00 129.00 402.00 24.29 24.29 2010 336.00 0.00 0.00 0.00 336.00 21.00 315.00 6.25 6.25 2009 394.60 0.00 0.00 0.00 394.60 28.54 366.06 7.23 7.23 2008 229.08 0.00 0.00 0.00 229.08 25.08 204.00 10.95 10.95 2007 192.00 0.00 0.00 0.00 192.00 21.00 171.00 10.94 10.94 TOTAL:11,735.82 0.00 7,379.00 107.00 19,007.82 8,934.47 10,073.35 76.13 47.00 Page 19 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 333 REAL AND PERSONAL BILLS DISTRICT Garnishment Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 16,080.00 300.00 15,780.00 13,348.51 2,431.49 0.00 84.59 2016 0.00 0.00 2,280.00 60.00 2,220.00 1,168.61 1,051.39 0.00 52.64 2015 0.00 0.00 330.00 0.00 330.00 120.00 210.00 0.00 36.36 2014 0.00 0.00 30.00 0.00 30.00 30.00 0.00 0.00 100.00 2012 0.00 0.00 60.00 0.00 60.00 30.00 30.00 0.00 50.00 2011 0.00 0.00 30.00 0.00 30.00 0.00 30.00 0.00 0.00 2007 0.00 0.00 30.00 0.00 30.00 30.00 0.00 0.00 100.00 TOTAL:0.00 0.00 18,840.00 360.00 18,480.00 14,727.12 3,752.88 0.00 79.69 Page 20 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 334 REAL AND PERSONAL BILLS DISTRICT Attorney Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 3,900.00 0.00 3,900.00 0.00 3,900.00 0.00 0.00 2016 14,132.64 0.00 9,688.66 2,362.64 21,458.66 7,110.16 14,348.50 50.31 33.13 2013 1,605.00 0.00 0.00 0.00 1,605.00 0.00 1,605.00 0.00 0.00 2012 9,508.76 0.00 3,795.89 363.50 12,941.15 155.00 12,786.15 1.63 1.20 2011 1,105.00 0.00 1,640.88 0.00 2,745.88 2,745.88 0.00 248.50 100.00 2010 948.16 0.00 0.00 0.00 948.16 93.16 855.00 9.83 9.83 2009 1,329.19 0.00 0.00 0.00 1,329.19 0.00 1,329.19 0.00 0.00 2008 1,280.00 0.00 155.00 0.00 1,435.00 0.00 1,435.00 0.00 0.00 2007 31,237.95 0.00 2,834.08 0.00 34,072.03 2,503.31 31,568.72 8.01 7.35 TOTAL:61,146.70 0.00 22,014.51 2,726.14 80,435.07 12,607.51 67,827.56 20.62 15.67 Page 21 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 335 REAL AND PERSONAL BILLS DISTRICT Other Lien Fees TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2016 1,290.00 0.00 0.00 60.00 1,230.00 652.48 577.52 50.58 53.05 2015 363.00 0.00 0.00 30.00 333.00 123.00 210.00 33.88 36.94 2014 393.00 0.00 0.00 0.00 393.00 180.00 213.00 45.80 45.80 2013 180.00 0.00 0.00 0.00 180.00 30.00 150.00 16.67 16.67 2012 210.00 0.00 0.00 0.00 210.00 60.00 150.00 28.57 28.57 2011 152.10 0.00 0.00 0.00 152.10 0.00 152.10 0.00 0.00 2010 116.64 0.00 0.00 38.64 78.00 0.00 78.00 0.00 0.00 2009 33.00 0.00 0.00 0.00 33.00 0.00 33.00 0.00 0.00 2008 120.00 0.00 0.00 0.00 120.00 0.00 120.00 0.00 0.00 2007 70.38 0.00 0.00 0.00 70.38 0.00 70.38 0.00 0.00 TOTAL:2,928.12 0.00 0.00 128.64 2,799.48 1,045.48 1,754.00 35.70 37.35 Page 22 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 336 REAL AND PERSONAL BILLS DISTRICT Stormwater Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 270,131.00 0.00 6,794.00 268.59 276,656.41 268,235.66 8,420.75 99.30 96.96 2016 7,672.75 0.00 0.00 3.13 7,669.62 3,491.22 4,178.40 45.50 45.52 2015 4,100.63 0.00 0.00 0.04 4,100.59 1,154.94 2,945.65 28.16 28.17 2014 2,661.95 0.00 0.00 0.02 2,661.93 604.55 2,057.38 22.71 22.71 2013 1,882.80 0.00 0.00 0.00 1,882.80 404.58 1,478.22 21.49 21.49 TOTAL:286,449.13 0.00 6,794.00 271.78 292,971.35 273,890.95 19,080.40 95.62 93.49 Page 23 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 337 REAL AND PERSONAL BILLS DISTRICT Abatement Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 1,265.00 0.00 1,265.00 425.00 840.00 0.00 33.60 2016 773.21 0.00 0.00 0.00 773.21 113.21 660.00 14.64 14.64 2015 133.00 0.00 0.00 0.00 133.00 110.00 23.00 82.71 82.71 2014 3,139.59 0.00 200.00 0.00 3,339.59 545.00 2,794.59 17.36 16.32 2013 3,878.65 0.00 752.50 0.00 4,631.15 0.00 4,631.15 0.00 0.00 TOTAL:7,924.45 0.00 2,217.50 0.00 10,141.95 1,193.21 8,948.74 15.06 11.77 Page 24 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 338 REAL AND PERSONAL BILLS DISTRICT Insufficient Funds Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 0.00 0.00 934.19 25.00 909.19 909.19 0.00 0.00 100.00 2016 126.74 0.00 0.00 0.00 126.74 126.74 0.00 100.00 100.00 TOTAL:126.74 0.00 934.19 25.00 1,035.93 1,035.93 0.00 817.37 100.00 Page 25 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 339 REAL AND PERSONAL BILLS DISTRICT ALL TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2017 27,884,630.34 0.00 6,413,606.08 31,787.38 34,266,449.04 33,768,504.63 497,944.41 121.10 98.55 2016 463,893.86 0.00 12,292.87 2,820.64 473,366.09 243,218.21 230,147.88 52.43 51.38 2015 214,210.20 0.00 591.30 667.80 214,133.70 84,544.28 129,589.42 39.47 39.48 2014 121,430.33 0.00 491.30 77.31 121,844.32 28,584.94 93,259.38 23.54 23.46 2013 93,175.53 0.00 752.50 64.83 93,863.20 20,583.21 73,279.99 22.09 21.93 2012 62,637.41 0.00 3,855.89 456.20 66,037.10 13,330.38 52,706.72 21.28 20.19 2011 43,861.85 0.00 1,670.88 13.09 45,519.64 14,554.93 30,964.71 33.18 31.98 2010 27,927.65 0.00 0.00 51.25 27,876.40 2,060.81 25,815.59 7.38 7.39 2009 25,626.10 0.00 0.00 0.00 25,626.10 1,682.61 23,943.49 6.57 6.57 2008 20,542.88 0.00 155.00 0.00 20,697.88 1,361.51 19,336.37 6.63 6.58 2007 46,662.96 0.00 2,864.08 0.00 49,527.04 5,319.56 44,207.48 11.40 10.74 TOTAL:29,004,599.11 0.00 6,436,279.90 35,938.50 35,404,940.51 34,183,745.07 1,221,195.44 117.86 96.55 Page 26 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 340 MOTOR VEHICLE BILLS DISTRICT County TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2013 9,676.65 0.00 0.00 2.27 9,674.38 1,198.19 8,476.19 12.38 12.39 2012 12,483.93 0.00 0.00 163.54 12,320.39 1,557.11 10,763.28 12.47 12.64 2011 10,110.54 0.00 0.00 328.62 9,781.92 643.68 9,138.24 6.37 6.58 2010 9,264.01 0.00 0.00 316.99 8,947.02 518.09 8,428.93 5.59 5.79 2009 7,851.03 0.00 0.00 233.39 7,617.64 460.76 7,156.88 5.87 6.05 2008 9,689.59 0.00 0.00 56.94 9,632.65 661.76 8,970.89 6.83 6.87 2007 8,181.12 0.00 0.00 75.49 8,105.63 397.97 7,707.66 4.86 4.91 TOTAL:67,256.87 0.00 0.00 1,177.24 66,079.63 5,437.56 60,642.07 8.08 8.23 Page 27 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 341 MOTOR VEHICLE BILLS DISTRICT City of Roxboro TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2013 4,143.48 0.00 0.00 0.46 4,143.02 277.54 3,865.48 6.70 6.70 2012 5,654.71 0.00 0.00 0.00 5,654.71 442.68 5,212.03 7.83 7.83 2011 5,403.33 0.00 0.00 50.71 5,352.62 247.72 5,104.90 4.58 4.63 2010 5,881.84 0.00 0.00 78.91 5,802.93 345.80 5,457.13 5.88 5.96 2009 4,716.02 0.00 0.00 116.90 4,599.12 223.88 4,375.24 4.75 4.87 2008 5,685.07 0.00 0.00 30.49 5,654.58 241.50 5,413.08 4.25 4.27 2007 4,952.54 0.00 0.00 17.10 4,935.44 329.46 4,605.98 6.65 6.68 TOTAL:36,436.99 0.00 0.00 294.57 36,142.42 2,108.58 34,033.84 5.79 5.83 Page 28 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 342 MOTOR VEHICLE BILLS DISTRICT Garnishment Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2013 0.00 0.00 0.00 0.00 1,140.00 270.00 870.00 0.00 23.68 2012 0.00 0.00 0.00 0.00 1,200.00 291.26 908.74 0.00 24.27 2011 0.00 0.00 0.00 0.00 510.00 150.00 360.00 0.00 29.41 2010 0.00 0.00 0.00 0.00 510.00 150.00 360.00 0.00 29.41 2009 0.00 0.00 0.00 30.00 360.00 60.00 300.00 0.00 16.67 2008 0.00 0.00 0.00 0.00 270.00 120.00 150.00 0.00 44.44 2007 0.00 0.00 0.00 0.00 360.00 150.00 210.00 0.00 41.67 TOTAL:0.00 0.00 0.00 30.00 4,350.00 1,191.26 3,158.74 0.00 27.39 Page 29 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 343 MOTOR VEHICLE BILLS DISTRICT Other Lien Fees TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2013 2,733.00 0.00 0.00 0.00 2,733.00 607.76 2,125.24 22.24 22.24 2012 2,833.88 0.00 0.00 0.00 2,833.88 645.81 2,188.07 22.79 22.79 2011 2,013.00 0.00 0.00 0.00 2,013.00 270.00 1,743.00 13.41 13.41 2010 1,089.27 0.00 0.00 0.00 1,089.27 373.49 715.78 34.29 34.29 2009 933.99 0.00 0.00 0.00 933.99 117.70 816.29 12.60 12.60 2008 770.97 0.00 0.00 0.00 770.97 148.03 622.94 19.20 19.20 2007 1,339.53 0.00 0.00 0.00 1,339.53 256.09 1,083.44 19.12 19.12 TOTAL:11,713.64 0.00 0.00 0.00 11,713.64 2,418.88 9,294.76 20.65 20.65 Page 30 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 344 MOTOR VEHICLE BILLS DISTRICT Insufficient Funds Fee TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2012 25.00 0.00 0.00 0.00 25.00 0.00 25.00 0.00 0.00 2010 25.00 0.00 0.00 0.00 25.00 25.00 0.00 100.00 100.00 TOTAL:50.00 0.00 0.00 0.00 50.00 25.00 25.00 50.00 50.00 Page 31 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 345 MOTOR VEHICLE BILLS DISTRICT ALL TAX YEAR BEGINNING BAL +MISC CHARGES +DISCOVERIES -RELEASES =CURRENT LEVY -PAYMENTS =BALANCE %ORIG LEVY %CURR LEVY 2013 16,553.13 0.00 0.00 2.73 17,690.40 2,353.49 15,336.91 14.22 13.30 2012 20,997.52 0.00 0.00 163.54 22,033.98 2,936.86 19,097.12 13.99 13.33 2011 17,526.87 0.00 0.00 379.33 17,657.54 1,311.40 16,346.14 7.48 7.43 2010 16,260.12 0.00 0.00 395.90 16,374.22 1,412.38 14,961.84 8.69 8.63 2009 13,501.04 0.00 0.00 380.29 13,510.75 862.34 12,648.41 6.39 6.38 2008 16,145.63 0.00 0.00 87.43 16,328.20 1,171.29 15,156.91 7.25 7.17 2007 14,473.19 0.00 0.00 92.59 14,740.60 1,133.52 13,607.08 7.83 7.69 TOTAL:115,457.50 0.00 0.00 1,501.81 118,335.69 11,181.28 107,154.41 9.68 9.45 Page 32 of 32 RUN DATE: 7/26/2018 9:40 AM COLLECTIONS MONTHLY TOTALS REPORT Person County 346 AGENDA ABSTRACT Meeting Date: August 6, 2018 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 included in Attachment II. Recommended Action: Motion to direct Tax Collector to collect taxes for 2018 and all delinquent taxes from prior years. Submitted By: Russell Jones, Tax Administrator 347 PERSON COUNTY OFFICE OF THE TAX ADMINISTRATOR Person County Tax Office P.O. Box 1116 13 Abbitt St Roxboro, North Carolina 27573-1116 (336) 597-1721 Fax No. (336) 322-8619 ATTACHMENT II 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 6th day of August, 2018. __________________________________________________ Tracey L. Kendrick, Chairman Board of Commissioners of Person County Attest: _________________________________________________ Brenda B. Reaves, Clerk to the Board 348 349 350 351 352 353 AGENDA ABSTRACT Meeting Date: August 6, 2018 Agenda Title: Submission of Legislative Goals for NC Association of County Commissioners Summary of Information: Before each biennial session of the NC General Assembly, the NC Association of County Commissioners invites counties to submit proposals for legislatives goals. Proposed goals for the 2019-2020 legislative session must be received by the Association on or before September 21st through a resolution approved by the Board of Commissioners or through a letter from the Chairman of the Board on behalf of the entire board. The proposals are then sent through steering committees, a legislative goals committee and onto the NCACC Board of Directors before being adopted in January at the Legislative Goals Conference. The Board has discussed the desire to include a legislative goal allowing counties more flexibility and authority with the provision of broadband and fiber services. There may be additional goals the Board would like to propose. Recommended Action: Discuss any legislative goals the Board would like to consider and direct staff as appropriate. Submitted By: Heidi York, County Manager 354 Commissioners, County Staff, Affiliates and Related Organizations, It is time to begin the NCACC legislative goals development process for the 2019-2020 biennium. We are inviting all counties, affiliates and related organizations to submit their legislative proposals to the Association. The NCACC goal setting process is open, inclusive and deliberative, and is designed to give all 100 counties a voice in developing the Association’s legislative agenda. Before each biennial session of the General Assembly, counties and their partners submit proposals to the Association. Commissioners from all across the state review, debate and ultimately approve a comprehensive goals package. When working on legislation that may impact counties, policy makers appreciate that all 100 counties have had an opportunity to be involved in our process. A significant value of the Association is being able to speak with one voice representing all 100 counties. This process allows us to have that impact. Discussion by your Board of potential goals and receipt of your proposals is critical to the success of our process. Please go to ncacc.org/legislativegoals for 355 information about rules, procedures and guidelines for the legislative goals adoption process. When submitting your goals, please keep in mind the following:  Submit your goal proposal via the NCACC website.  Goals may be submitted in any of the following formats: a resolution approved by the Board of Commissioners, a letter from the Chairman of the Board on behalf of the entire board, or by letter from an affiliate organization.  Proposed goals received on or before September 21 will be referred to the appropriate steering committee for review and consideration. Please note the following schedule for your planning purposes: Legislative Goals Development Timeline September 21, 2018 - Goals submission deadline September - October - Steering committees review goals November - Legislative Goals Committee meets December - Board of Directors reviews and finalizes recommendations January 10-11, 2019 - Legislative Goals Conference, membership approval of goals 356 If you have any questions, please do not hesitate to contact your government relations team: Johanna Reese Director of Government Relations Email Johanna (919) 715- 8044 Amber Harris Government Relations Coordinator Email Amber (919) 715- 7654 Hugh Johnson Government Relations Coordinator Email Hugh (919) 715- 7659 Adam Pridemore Legislative Counsel Email Adam (919) 715- 7665 Copyright © 2018 North Carolina Association of County Commissioners, All rights reserved. You are receiving this communication because you are listed with the NCACC as a County Manager. 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