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010421January 4, 2021 The Randolph County Board of Commissioners met in regular session at 6:00 p.m. in the 1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC. Chairman Darrell Frye, Vice -Chairman David Allen, Commissioner Kenny Kidd, Commissioner Maxton McDowell, and Commissioner Hope Haywood were present. Also present were County Manager Hal Johnson, Finance Officer Will Massie, Deputy Clerk to the Board Sarah Pack, and Clerk to the Board Dana Crisco. County Attorney Ben Morgan was absent. Representative Allen McNeill gave the invocation and everyone recited the Pledge of Allegiance. Required social distancing was maintained and face coverings were worn throughout the meeting due to the COVID-19 pandemic. The meeting was livestreamed on Facebook. The public could attend the meeting but the meeting room capacity was limited to 30 people due to the increase in COVID- 19 cases in the county. Special Recognitions House of Representatives member Allen McNeill was sworn in for his new term by the Honorable Jimmy Hill. Allison Walker, 4-H Professional, honored several 4-H youth members for their achievements in 2021. She thanked the Board for their support of Randolph County youth. Public Comment Period Pursuant to N.C.G.S. § 153A-52.1, Chairman Frye opened the floor for public comment and closed it after everyone wishing to speak had done so. County Manager Hal Johnson read aloud the Public Comment Rules of Procedure. Janet Pate, 3901 Hillsdale Park Drive, Sophia, expressed her concerns over the December County Commissioner appointment of Alan Ferguson to the Randolph County Board of Health. Ms. Pate was granted additional time beyond the normal three minutes by the Commissioners and read from her prepared statement outlining specific concerns. This statement was presented to the Clerk and is attached as Attachment A. Chairman Frye commented that the first statement she made about not allowing an item to be taken off of the Consent Agenda was incorrect. The appointment item was removed and considered separately at the request of Commissioner Kidd. He also reminded everyone that the Randolph County Board of Commissioners has not put any restrictions on citizens above what the Governor has mandated. Bill Palmer, Friends of the Randolph County Sheriff s Office ("Friends") President, said that "Friends" was a volunteer nonprofit 501c3 corporation. They work with public service entities throughout Randolph County. Fundraisers and raffles have been held to raise money for public servants. "Friends" funding was used to purchase a granite memorial outside the Sheriffs Office. Their fundraising also purchased a K-9 officer and equipment such as protective vests and a kennel for the SRO division as well as several pieces of equipment for public safety departments. It came to the attention of the "Friends" that the Special Operations Division needed additional specialty 1/4/21 gear. He presented Chairman Frye a check for $6456.50 to be used for the benefit of the Sheriff's Office. Beth Yates, 1012 Iron Mountain View Road, Asheboro, stated that she was also concerned about Mr. Ferguson's appointment to the Public Health Board. She read from an excerpt that she indicated was written by Mr. Ferguson. She did not want her rights to be violated concerning the option of receiving a COVID-19 vaccine. Commissioner Haywood reminded the audience that the Board of Health meets publicly. Citizens can get the link to see the meeting and speak in Public Comment. Those Board members would appreciate feedback and interest from the citizens. Larry Cheek, 6400 HWY 22, Ramseur, said at the last meeting it was discussed that something needed to be done about the pandemic. He did not feel that the appointment of Mr. Ferguson showed diversity on that Board. He thought that appointment was not properly vetted by the Commissioners. Sarah Cheek, 6400 HWY 22, Ramseur, stated that she and her children had recently engaged themselves in local government. She felt that the appointment of Mr. Ferguson was not fully discussed. She also found that "Mr. Ferguson's Facebook post was distressing." She hopes action will be taken. Consent Agenda On motion ofAllen, seconded by Kidd, the Board voted unanimously to approve the Consent Agenda, as presented, as follows: • approve Regular Meeting Minutes of December 7, 2020 and Zoning Meeting Minutes ofDecember 14, 2020; • appoint Dennis Mabe to the Piedmont Triad Regional Water Authority; • approve Budget Amendment 2020 Building Reuse Grant Match ($99,500), as follows: 2020-2021 Budget Ordinance General Fund—Budget Amendment # 35 Revenues Increase Decrease Restricted Intergovernmental $90,000 Miscellaneous $3,600 Transferfrom ED Reserve $5,900 Appropriations Increase Decrease Other Economic and Physical Development $99,500 • approve Budget Amendment Social Services LIEAP ($234,915), as follows: 2020-2021 Budget Ordinance General Fund—Budget Amendment # 36 Revenues I Increase I Decrease 1/4/21 Restricted Intergovernmental $234,915 Appropriations Increase Decrease Social Services $234,915 • approve Budget Amendment Sheriff's Office Radar Trailer ($34,206), as follows: 2020-2021 Budget Ordinance General Fund—Budget Amendment # 37 Revenues Increase Decrease Miscellaneous $34,206 Appropriations Increase Decrease Sheriff $34,206 • approve Darrell Frye as Voting Delegate for the NCACC Legislative Conference; • approve the County's Petition to Remain Substantially Equivalent, as requested by the Office of State Human Resources. Tourism Development Authority (TDA) Annual Report Amber Scarlett, Executive Director of the TDA, gave an overview of the 2019 Annual Report to the Board. The highlights included but were not limited to the following: • Randolph County generated $161.65 million in travel related visitor spending. • The county saw an increase of 5.25% in spending from 2018 and also had record-breaking visitation welcoming more than 1.4 million visitors. • Revenues totaled $9.7 million in state tax collections and $2.62 million in local tax collections. Randolph County supported 1,080 tourism direct jobs contributing to more than $26.33 million in payroll income for the County. • Sales taxes collection allowed a total tax savings of $85 per Randolph County resident in 2019. Chairman Frye asked what the revenues for 2020 might look like. Ms. Scarlett said they would be significantly lower due to the pandemic. Commissioner Haywood commented that Randolph County had two Visitors Centers whereas other counties have one. She asked if the funding given to Randolph County was the same amount given to other counties that only have one visitor center. Ms. Scarlett replied yes. Annual Audit Report April Adams, Partner, Cherry Bekaert LLC, presented and reviewed the County's Comprehensive Annual Financial Report for year ending June 30, 2020, via Zoom conferencing software. She reviewed the metrics used in performing the audit. She stated there were no adjustments to journal entries, no significant deficiencies were identified, and said the firm gave the County an unmodified opinion on the financial statements. There were no significant deficiencies in internal controls. There was one issue with Medicaid that was documented. She commended the County's Finance Office staff for their work and assistance. 1/4/21 Chairman Frye explained that this year's audit was very important to the County especially in regards to saving Randolph Health. Finance Officer Will Massie stated the financial assistance programs Ms. Adams mentioned as part of the single audit were mostly with Social Services and Public Health. These departments have been heavily impacted by the COVID-19 crisis. Commissioner Allen was amazed at the amount of work that goes into the audit. He commended Mr. Massie and his staff for all they do throughout the year. On motion of McDowell, seconded by Allen, the Board voted unanimously to accept the audit report. Add Title of Attorney II to the Classification Plan Tracie Murphy, Department of Social Services (DSS) Director, said recruiting and maintaining experienced Child Welfare Attorneys is an important step in protecting children in Randolph County. Experience has shown that vacancies in this position cause significant disruptions and can be catastrophic to the efforts to keep children safe. She asked to reclassify one of the Attorney I positions in order to appropriately align that position with its responsibilities and duties. The current attorney has many years of experience in DSS providing legal counsel. That position is also responsible for supporting and advising the team to meet policy and outcome requirements as well as training and advising new attorneys. The current legal team currently consists of two Attorney I positions, a paralegal, and a legal assistant. The current County Classification Plan does not contain an Attorney II position. Ms. Murphy asked the Board to consider this request to add the classification of Attorney II to the Classification Plan. On motion of McDowell, seconded by Allen, the Board voted unanimously to approve the addition of an Attorney II position to the Classification Plan. Add Title of Assistant DSS Director to the Classification Plan Tracie Murphy, Social Services Director, asked to reclassify a current Business Officer I position to Assistant DSS Director. Recently, new legislative bills have passed that require the need for tighter oversight to ensure local, state, and federal level requirements are met. This change would support that effort and bring Randolph County Department of Social Services in line with other medium sized Social Services departments in NC. She said her overall vision for DSS includes an Assistant Director for Operations and an Assistant Director for Child Welfare. The County Classification Plan currently does not contain an Assistant DSS Director position. No additional funding would be required for this position change. On motion of McDowell, seconded by Allen, the Board voted unanimously to approve the addition of an Assistant DSS Director position to the Classification Plan. 1/4/21 Commissioner McDowell commended the Social Services staff, especially in the last year, as they continue to provide services to citizens. The staff has worked to meet requirements for the measurable processes. They are always under a lot of pressure. Memorandum of Understanding Between NCDHHS and the County Tracie Murphy, Social Services Director, said that Session Law 2017-41 required all counties to enter into an annual written agreement with the North Carolina Department of Health and Human Services. FY 18-19 was the first year of the written agreements. Randolph County had significant issues with the agreement and were one of the last counties to sign. Many of the original 27 performance measures were benchmarks that the staff and the county had very little control over. Since that time significant changes were made. There are 16 performance measures. Of those 16, 12 are the responsibility of DSS and four are child support measures. This year's MOU is effective January 2021 through July 2022. The performance measures included are acceptable and measurable. One notable change is the public facing dashboard. This year, everyone will have the ability to look up Randolph County's progress/outcomes on the performance measures dashboard. The Randolph County team has worked very hard, despite challenges and looks forward to their efforts being seen publicly. She asked the Board to please approve the Memorandum of Understanding between the NCDHHS and the County. On motion of Allen, seconded by Haywood, the Board voted unanimously to approve the Memorandum of Understanding between the NCDHHS and the County attached to these minutes as Attachment B. Advancement of Reappraisal Cycle to Four Years Debra Hill, Tax Assessor, proposed the advancement of the reappraisal cycle from a six (6) year to a four (4) year cycle. Randolph County's last countywide reappraisal was effective January 1, 2019. The advancement would move the next effective reappraisal from January 1, 2025 to January 1, 2023. North Carolina General Statute § 105-286 requires each county to reappraise all real property at least every eight (8) years. The statute also allows an earlier reappraisal if the board of county commissioners adopts a resolution advancing the reappraisal. The resolution must designate the effective date of the advanced cycle and may designate the reappraisal cycle more frequent than the octennial cycle. The resolution must be forwarded to the North Carolina Department of Revenue. Commissioner Haywood said she spoke with some property owners and real estate agents who all felt that it was a good idea. Commissioner Allen asked if there would be any additional costs. Ms. Hill said the costs would be advanced from six to four years. 1/4/21 Commissioner McDowell stated he sees several positive outcomes in the Tax department and other County departments. A four-year cycle is more accurate. On motion of McDowell, seconded by Allen, the Board voted unanimously to approve the Resolution Advancing the Revaluation Cycle from January 1, 2025 to January 1, 2023 for Reappraisal ofRandolph County Real Property, as follows: RESOLUTION ADVANCING THE REVALUATION CYCLE FROM JANUARY], 2025 TO JANUARY], 2023 FOR REAPPRAISAL OF RANDOLPH COUNTY REAL PROPERTY WHEREAS; the State of North Carolina, Department of Revenue, pursuant to North Carolina General Statute 105-286, requires each county to reappraise all real property at least every eight years; and WHEREAS, the statute requires the governing body adopt a resolution to approve the advancement and file a copy of the approved resolution to the North Carolina Department ofRevenue; and WHEREAS, Randolph County is currently on a six-year reappraisal cycle with the next reappraisal scheduled for January 1, 2025; and WHEREAS, if the scheduled date for reappraisal for Randolph County is advanced herein, real property in this county shall thereafter be reappraised every four years following the advanced date unless, in accordance with the provisions of that subdivision, subsequent reappraisals are likewise advanced. NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of Commissioners hereby adopts this Resolution and advances the reappraisal to January 1, 2023 with a four-year cycle for subsequent reappraisals. Close an Unnamed Street Aimee Scotton, Associate Attorney, said she received a request to close an unnamed street that was never built. The request was submitted by Larry McElreath. The property on one side of the unnamed street is owned by Ruth McElreath, Mr. McElreath's mother. The street was depicted on a plat recorded in 1953 but was never built. It is most easily viewed on the "Survey for Larry McElreath" recorded at Book 166, Page 16, Randolph County Registry. The procedure for closing a public road or easement is governed by North Carolina General Statute §153A-241. The first step requires that the Board of Commissioners adopt a resolution declaring its intent to close the road and calling for a public hearing on the question. This notice must be published once a week for three successive weeks before the hearing, and a copy of the resolution must be sent by registered certified mail to each owner of property adjoining the road, as shown by the county tax records, who did not join in the request to have the road closed. Furthermore, a notice of the closing and the public hearing must be posted in at least two places along the portion of the road requested to be closed. At the public hearing on February 1, 2021, interested persons are allowed to voice their views on whether the closing will be detrimental to the public interest or to individual property rights. After the public hearing, if the Board of Commissioners is satisfied that closing this portion of the 1/4/21 road will not be detrimental to public interest and will not deprive any individual of access to his property, the Board may adopt an order closing the road. A certified copy of this order shall then be filed with the Register of Deeds office. On motion of Kidd, seconded by Allen, the Board voted to approve the Resolution Declaring the intent to Close an Unnamed, Unbuilt Street and Calling for a Public Hearing on the Question, as follows: RESOLUTION DECLARING THE INTENT TO CLOSE AN UNNAMED, UNB UILT STREET AND CALLING FOR A PUBLIC HEARING ON THE QUESTION WHEREAS; the Randolph County Board of Commissioners has received a request to permanently close the following unnamed and unbuilt street: That unnamed street running between the parcel identification number 7740878113 (lots 14, 15, and 16) and parcel identification number 7740970114 (lots 17-24) as shown on the "Survey for Larry McElreath" recorded at Plat Book 166, Page 16, Randolph County Registry. See Attachment Afor highlighted map depicting the street requested to be closed. and; WHEREAS, North Carolina General Statute § 153A-241 requires that the Board of Commissioners hold a public hearing prior to the closing of any road to consider the effects ofsaid closing on the public interest or on individual property rights. BE IT THEREFORE RESOLVED that the Randolph County Board of Commissioners hereby declares its intent to permanently close the unnamed street described above. BE IT FURTHER RESOLVED that the Randolph County Board of Commissioners has set a public hearing at a meeting to begin at 6: 00 p. m. on February 1, 2021 to consider said closing and to allow for the public to be heard on this matter. Adopt Resolution in Support of the North Carolina Association of County Commissioners Presidential Initiative to Promote Food System Resiliency Vice Chairman David Allen is a member of the committee for the Presidential Initiative to Promote Food System Resiliency. Access to food is a basic human need and necessity to society. People who are food insecure have a wide impact on the community. Food insecurity impacts community health as a whole. He asked that the Resolution in Support of North Carolina Association of County Commissioners Presidential Initiative to Promote Food System Resiliency be approved by the Board. Chairman Frye asked Social Services Director Tracie Murphy to comment on food insecurity. Commissioner McDowell asked Ms. Murphy if specific areas had food insecurity or if it was a widespread issue. Ms. Murphy said she did not know the answer to that question, but the issue is likely widespread throughout the community. 1/4/21 Commissioner Kidd responded that the Asheboro City School provides free and reduced lunches to 75% or more of their students. Commissioner Allen said statewide, the insecurity exists in urban and rural areas. Distribution is much more difficult in rural areas. On motion of Allen, seconded by Haywood, the Board voted unanimously to approve the Resolution in Support of North Carolina Association of County Commissioners Presidential Initiative to Promote Food System Resiliency, as follows: Resolution in Support of North Carolina Association of County Commissioners Presidential Initiative to Promote Food System Resiliency WHEREAS, access to heathy food is a basic human need and is vital to the well- being of a community; and WHEREAS, all 100 North Carolina counties are committed to ensuring the needs of their citizens are being met; and WHEREAS; food security, defined as reliable access to quality, affordable food is vital to a thriving community and food insecurity threatens the fabric of a healthy society; and WHEREAS, according to Feeding America's annual Map the Meal Gap study, conducted to improve our understanding offood insecurity and food costs at the local level, the average food insecurity rate across North Carolina's counties is 14 percent. Feeding America projects that the rate will rise to 19.3 percent due to the pandemic and the child food insecurity rate will rise from 19.3 percent to 28.6 percent; and WHEREAS, according to the 2020 NCACC Map Book, the food insecurity rate in Randolph County is 12 percent and children living in poverty is 21 percent; and WHEREAS, food insecurity, according to the Food and Research Action Center, has detrimental and costly effects to mental and physical health such as depression, obesity, and hypertension; and WHEREAS, the current pandemic is only further exacerbating the issue of food insecurity and families are facing difficult decisions about how to make ends meet, including whether they can afford the food they need; and WHEREAS; according to State off cials, agriculture and agribusiness account for 17% ofall jobs in the state with an annual economic impact of $91.8 billion and are a vital aspect of the economy in North Carolina; and WHEREAS, according to the North Carolina Department ofAgriculture, Randolph County ranks in the top ten counties in North Carolina in the production of cattle and poultry generating nearly $230 million in cash receipts; and WHEREAS, county commissioners have a responsibility to ensure the basic needs of their citizens are met; and WHEREAS; the North Carolina Association of County Commissioners (NCACC), under the direction of President Ronnie Smith, is leading a task force to address food 1/4/21 system resiliency to help counties take actions to ensure their resources are getting to the people in need; and WHEREAS, the NCACC Task Force will be meeting to examine the various issues regarding the creation and sustainability of a resilient food system for North Carolina residents; and WHEREAS, by supporting our farmers, supply chains, agribusiness, food industry, and food insecure families, we can build resilient communities. NOW, THERFORE, BE IT RESOLVED, that the Randolph County Board of County Commissioners does hereby support the work of the NCACC Task Force, will commit to examining the food system in Randolph County, and will take steps to help strengthen the food system in the service ofsustaining a thriving community. County Manager Update County Manager Hal Johnson had no comments. Commissioner Updates Chairman Frye said the County was still working with the hospital to finalize new ownership. The bankruptcy process is moving very slowly. The application for the Rural Health Care Stabilization funds is not complete and will likely not be finished to meet with the LGC before March. For County employees, he mentioned that a plan is being considered to compensate employees that cannot come to work because someone around them has been diagnosed with COVID-19. Closed Session At 8:17 p. m., on motion ofAllen, seconded by McDowell, the Board voted unanimously to enter into closed session pursuant to NCGS 143-318.11(a)(4) to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations. Resume Regular Meeting At 8: 50 p.m., regular session resumed. Economic Development Public Hearing On motion of McDowell, seconded by Kidd, the Board voted unanimously to hold a Public Hearing to consider an economic development project with Samet Corporation on February 1, 2021 at 6 p.m. Adjournment At 8:52 p.m. on motion of Allen, seconded by McDowell, the Board voted unanimously to adjourn. Darrell Frye, Chairman David Allen 1/4/21 Kenny Kidd Hope Haywood Maxton McDowell Dana Crisco, Clerk to the Board 1/4/21 Attachment A The last commissioner meeting a request was made to move a nomination for the Randolph Health board from the consent agenda to discuss separately. Much of the board denied the request from a fellow member to discuss the nomination which results in disrespect of concerns from an equal member. Why? Under the Rules of Procedure, Rule 8 item D states that, Routine agenda items may be designated under a section of the agenda called "consent agenda" and will be approved in one motion without discussion. Upon request by any one Board member, any item listed under the consent agenda shall be removed from the consent agenda and considered separately. Why was this not followed? After backlash of a rant made by this appointee on social media, a comment from a board member was made on the same social media platform that we should have diversity in our county and on these board appointments in which taxpayers do not vote for. These appointments make recommendations to the commissioners based on research and knowledge of the prospective board they are voted to be a part of. Diversity/Equality is being used as an excuse to push unconstitutional recommendations to the American people. There is no such thing as Equality because no two people are or ever will be equal. We all bring different attributes to the table. These attributes are not to interfere with one's individual liberties which constitutes an unconstitutional act if those individual liberties are denied. Diversity is offering differing ideas. Taking away one's different ideas and demanding the removal of individual freedom is Communism. Certainly, this appointee is guaranteed his first amendment right, but it does not reflect the same as the majority of Randolph county and certainly not constitutional. This type of communist thinking does not belong a part of our boards. An unconstitutional act is no law, null and void from its enactment, and no one is bound to enforce it "16 Amjur Prudence" Constitution Law Section 16Am Jur 2d: 16Am Jur 2d., Sec. 97: "Then a constitution should receive a literal interpretation in favor of the Citizen, is especially true, with respect to those provisions which were designed to safeguard the liberty and security of the Citizen in regard to person and property." For any nominated member of any board that negatively affects the American citizens rights of liberty and security of a person or property is unconstitutional and an enemy of America. This virus was released to the world by the China Communist Party is an attack on Western civilization, capitalism and the constitution of the United States. The entire purpose of the attack is for our constitution and economy to be destroyed and communism take over. The layman definition of capitalism is the economic system in which people and businesses engage in manufacturing, trading, and exchanging products and services without government interference. A free-market capitalist system works in a more efficient manner when not tampered with by government or central bank intervention in the credit markets, monetary policy, and interest rate fixing. More and more over the years, local governments have placed more regulations hindering the free market which is an attack on individual freedom. An example is the unconstitutional act that is currently occurring is the closing of businesses or restricting their hours of operation and how they conduct business. To suggest that any citizen to do something that goes against our individual freedom that includes denying them of services, the ability to move about freely, buy, sell or trade is unconstitutional and an attack on individual freedom. To merely suggest citizens to have their bodies injected with a substance or be denied individual freedoms are unconstitutional. You, as elected officials are bound by our constitution to adhere to the document. Anything suggested otherwise is Aniti-America. Nowhere in the listed responsibilities for a county commissioner states that the board regulates and makes decisions for a citizen's health. I am asking the board of commissioners to add the discussion to the agenda of the appointment of Mr. Ferguson on the Randolph county health board and remove him due to his comments relating to the attack on our individual freedoms. This is not a Conservative, liberal, republican or democrat issue. 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Airports immediately r r mind,asrr schooils,, courthouses r' municipal r r r Businesses will' likely soonhave r confirm to liabilitytheir requiring: that f • r. be shown r, customers before r r you will likely need it to ei into the grocery r for r So,eachr1 r of • I part;icipating in this gargantuan effr r protect the public • not. you r not r do r that will hie vourriaht-but the world vou Cr a V FL 0•CD s .. w • ► cr ► Cr r s D a r a r CL 0 a 1 M,i 4 IN CD f' y C MEMORANDUM OF UNDERSTANDING (FISCAL YEAR 2020-21 and 2021-22) BETWEEN THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES AND RANDOLPH COUNTY A Written Agreement Pursuant to N.C. Gen. Stat. § 108A-74, an Act of the North Carolina General Assembly This Memorandum of Understanding ("MOU") is made by and between the North Carolina Department of Health and Human Services, (hereinafter referred to as the "Department") and Randolph County a political subdivision of the State of North Carolina (hereinafter referred to as the "County") to comply with the requirements of law, N.C. Gen. Stat. § 108A-74. The Department and the County may be referred to herein individually as a "Party" and collectively as the "Parties." TERMS OF UNDERSTANDING In consideration of the mutual promises and agreements contained herein, as well as other good and valuable consideration, the sufficiency of which is hereby acknowledged by the Parties, the Parties agree to this MOU, effective January 1, 2021, in compliance with the mandates of law enacted by the North Carolina General Assembly and in recognition of possible amendments by the General Assembly, the Parties further agree to conform to changes made to the law, notwithstanding a contractual term previously agreed upon. 1.0 Parties to the MOU The only Parties to this MOU are the North Carolina Department of Health and Human Services and Randolph County, a political subdivision of the State of North Carolina. 1.1 Relationships of the Parties Nothing contained herein shall in any way alter or change the relationship of the parties Parties as defined under the laws of North Carolina. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the Department and the County. 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 Department and County that any such person or entity, other than the Department or the County, receiving services or benefits under this MOU shall be deemed an incidental beneficiary only. Subcontracting: The County shall be responsible for the performance of all of its subcontractors. The County shall disclose the names of its subcontractors to the Department within thirty (30) days of the execution thereof. The County shall also provide additional information concerning its subcontractors as may be requested by the Department within thirty (30) days of the request. The Page 1 of 10 County additionally agrees not to enter into any confidentiality agreement or provision with a subcontractor or other agent to provide services related to this MOU that would prevent or frustrate the disclosure of information to the Department. Subcontractors shall be defined under this MOU to mean any parry the County enters into a contractual relationship with for the complete administration of one or more social services programs covered by this MOU. Temporary employees hired by the County shall not be considered subcontractors under this MOU. Assignment: No assignment of the County's obligations or the County's right to receive any funding made in any way concerning the matters covered by this MOU hereunder shall be permitted. 2.0 Terms of the MOU The term of this MOU shall be for a period of one year beginning January 1, 2021 and ending June 30, 2022. 2.1 Default and Modification Default: In the event the County fails to satisfy the mandated performance requirements as set forth in Attachment I or fails to otherwise comply with the terms of this MOU, the Department may withhold State and/or federal funding. Any such withholding shall be in compliance with, and as allowed by, state and/or federal law. Performance Improvement: Prior to the Department exercising its authority to withhold State and/or federal funding for a failure to satisfy the mandated performance requirements set forth in Attachment I or failure to meet the terms of this MOU, the process for performance improvement set forth in N.C. Gen. Stat. § 108A-74 will govern. Nothing contained in this MOU shall supersede or limit the Secretary's authority to take any action otherwise set forth in N.C. Gen. Stat. § 108A-74. Waiver of Default: Waiver by the Department of any default or breach in compliance with the terms of this MOU by the County 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 MOU unless stated to be such in writing, signed by an authorized representative of the Department and the County and attached to the MOU. Force Majeure: Neither Parry 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, public health emergency or other catastrophic natural event or act of God. Modification: The terms and conditions of this MOU may only be modified by written agreement of the Parties, signed by an authorized representative of the Parties. Page 2 of 10 3.0 MOU Documents The Recitals and the following attachments are incorporated herein by reference and are part of this MOU: (1) The portions hereof preceding the Terms of Understanding, including but not limited to the introductory paragraph and the Recitals, which are contractual as well as explanatory (2) The Terms of Understanding (3) Attachment I — Mandated Performance Requirements: a. I -A: Energy Programs b. I -B: Work First c. I -C: Food and Nutrition Services d. I -D: Child Welfare — Foster Care e. I -E: Adult Protective Services f. I -F: Special Assistance g. I -G: Child Support Services (4) Attachment II - Child Welfare - CFSR 4.0 Entire MOU This MOU and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede all prior oral or written statements or agreements between the Parties. 5.0 Definitions While "County" is used as an abbreviation above, the following definitions, some of which are contained in N.C. Gen. Stat. § 108A -74(a), also apply to this MOU: (1) "County department of social services" also means the consolidated human services agency, whichever applies. (2) "County director of social services" also means the human services director, whichever applies. (3) "County board of social services" also means the consolidated human services board, whichever applies. (4) "Child welfare services or program" means protective, foster care, and adoption services related to juveniles alleged to be abused, neglected, or dependent as required by Chapter 7B of the General Statutes. (5) "Social services programs" or "Social services programs other than medical assistance" means social services and public assistance programs established in Chapter 108A other than the medical assistance program (Part 6 of Article 2 of Chapter 108A). This includes, but is not limited to, child welfare programs, adult protective services, guardianship services for adults, and programs of public assistance established in Chapter 108A. It also includes the child support enforcement program, as established in Article 9 of Chapter 110 of the General Statutes, and the North Carolina Subsidized Child Care Program. To the extent that any term used herein is defined by a statute or rule applicable to the subject matter of this MOU, the statutory or rule definition shall control. For all remaining terms, which are not defined by statute or rule, those terms shall have their ordinary meaning. Should any further Page 3 of 10 definition be needed, the Parties agree that the meanings shall be those contained in the current version (as of the time the dispute or question arises) of Black's Law Dictionary, and if not defined therein, then of a published unabridged modern American English Language Dictionary published since the year 2000. 6.0 Audit Requirements The County shall furnish to the State Auditor, upon his/her request, all books, records, and other information that the State Auditor needs to fully account for the use and expenditure of state funds in accordance with N.C.G.S. § 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. 7.0 Record Retention The County shall retain records at its own expense in accordance with applicable State and Federal laws, rules, and regulations. The County shall facilitate and monitor the compliance of its subcontractors with all applicable requirements of record retention and disposition. In order to protect documents and public records that may be the subject of Department litigation, the Department shall notify the County of the need to place a litigation hold on those documents. The Department will also notify the County of the release of the litigation hold. If there is no litigation hold in place, the documents may be destroyed, disposed of, or otherwise purged through the biannual Records Retention and Disposition Memorandum from the Department's Controller's Office. 8.0 Liabilities and Legal Obligations Each party hereto agrees to be responsible for its own liabilities and that of its officers, employees, agents or representatives arising out of this MOU. Nothing contained herein is intended to alter or change the relationship of the Parties as defined under the laws of the State of North Carolina. 9.0 Confidentiality Any medical records, personnel information or other items exempt from the NC Public Records Act or otherwise protected by law from disclosure given to the Department or to the County under this MOU shall be kept confidential and not divulged or made available to any individual or organization except as otherwise provided by law. The Parties shall comply with all applicable confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the administrative simplification rules codified at 45 Parts 160, 162, and 164, alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd- 2 and 42 CFR Part 2, and the Health Information Technology for Economics and Clinical Health Act (HITECH Act) adopted as part of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5). Page 4 of 10 10.0 Secretary's Authority Undiminished Certain functions delegated to the County pursuant to this MOU are the duty and responsibility of the Department as the grantee of federal grant funds. The Parties understand and agree that nothing in this MOU shall be construed to diminish, lessen, limit, share, or divide the authority of the Secretary of the Department to perform any of the duties assigned to the Department or its Secretary by the North Carolina General Statutes, the terms and conditions of the federal funds and their applicable laws and regulations or other federal laws and regulations regarding any federal funding which is used by the Department to reimburse the County for any of its duties under this MOU. 11.0 MOU does not Diminish Other Legal Obligations Notwithstanding anything to the contrary contained herein and to facilitate the mandated performance requirements of N.C. Gen. Stat. § 108A-74, the Parties acknowledge and agree that this MOU is not intended to supersede or limit, and shall not supersede or limit, the County's obligations to comply with all applicable: 1) federal and state laws; 2) federal and state rules; and 3) policies, standards, and directions of the Department, as all such currently exist and may be amended, enacted, or established hereafter. 12.0 Notice The persons named below shall be the persons to whom notices provided for in this MOU shall be given. Either Party may change the person to whom notice shall be given upon written notice to the other Party. Any notice required under this MOU will only be effective if actually delivered to the Parties named below. Delivery by hand, by first class mail, or by email are authorized methods to send notices. For the Department of Health and Human Services, Division of Social Services IF DELIVERED BY US POSTAL SERVICE I IF DELIVERED BY ANY OTHER MEANS Susan Osborne, Assistant Secretary NCDHHS 2417 Mail Services Center Raleigh, NC 27699-2001 Susan Osborne NCDHHS Doretha Dix Campus, McBryde Building Phone: 919-527-6338 E-mail: Susan.Osbome@dhhs.nc.gov Page 5 of 10 For Randolph County: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Tracie Murphy Tracie Murphy Randolph County Department of Social Services Randolph County Department of Social P.O. Box 3239 Services Asheboro, NC 27204-3239 1512 N. Fayetteville Street Asheboro, NC 27203 Email tracie.murphy@randolphcountync.gov 13.0 Responsibilities of the Department The Department hereby agrees that its responsibilities under this MOU are as follows: (1) The Department shall develop performance requirements for each social services program based upon standardized metrics utilizing reliable data. The performance requirements are identified in Attachments I and II. (2) The Department shall provide supervision, program monitoring and technical assistance to the counties in the administration of social services programs. (3) The Department shall provide leadership and coordination for developing strategies that address system -level barriers to the effective delivery of social services programs, including but not limited to: the Administrative Office of Courts, the LME/MCO, Department of Public Instruction, and the Department of Public Safety. (4) The Department shall have the following administrative responsibilities: a. Staff Training and Workforce Development: i. Develop training requirements for county personnel and provide guidance for adequate staffing patterns related to the provision of social services programs. The Department will publish annually, a list of required and recommended trainings for county personnel directly involved in the administration of social services programs covered under this MOU. ii. Develop training curricula and provide, timely, adequate access to statewide training opportunities for county personnel related to the provision of social services programs. Training opportunities may include in-person, self - guided, web -based and remotely facilitated programs. iii. The Department will publish a training calendar, at least quarterly, notifying the counties of training opportunities. iv. Provide timely written guidance related to new federal or state statutes or regulations. The Department will provide information in advance of the effective date of new policy to the extent possible, including interpretations and clarifications of existing policy. v. Provide technical assistance and training in areas where quality control, monitoring or data indicates a lack of correct application of law, rule or policy. b. Performance Monitoring: Page 6 of 10 i. Monitor and evaluate county compliance with applicable federal and state laws, rules and policies. ii. Provide feedback to counties with recommended changes when necessary. iii. Monitor that all financial resources related to the provision of social services programs covered by this MOU are utilized by the county in compliance with applicable federal and state laws. c. Data Submission: i. Maintain and review data submitted by counties pursuant to the mandatory performance requirements. ii. Provide counties with reliable data related to their performance requirements as well as accuracy and timeliness of programs in accordance with state and federal program guidelines. This includes but is not limited to processing applications and recertification, quality control standards, program statistics and fiscal information. iii. The Department shall be responsible for the maintenance and functionality of its information systems utilized in the statewide administration of social services programs covered by this MOU. d. Communication: i. Provide counties with clarification or explanation of law, rule or policy governing social services programs when necessary or as requested. ii. Disseminate policy on social services programs and provide counties with timely information on any updates to policy. iii. Provide timely information to counties on any changes to federal law or policy made known to the Department. iv. Provide counties with a timely response to requests for technical assistance or guidance. v. Maintain all policies covering social services programs in a central, accessible location. Policies will be updated, to the extent possible, in advance of the effective date of any new policies or policy changes. vi. Provide counties with an opportunity to submit questions, concerns and feedback related to the administration of social services programs to the Department and provide County a timely response to such communication. vii. Communicate proactively with the County Director of Social Services on matters that effect social services programs covered under this MOU. viii. Communicate directly with the County Manager, Governing Boards, and the County Director of Social Services on matters including but not limited to, corrective action, and significant changes to law, rule and policy that impact the administration of social services programs covered by this MOU. e. Inter -agency Coordination: i. Provide guidance to counties in the event they are unable to reach a resolution on a conflict of interest that arises related to the provision of social services programs covered by this MOU. ii. Provide guidance for county DSS personnel on federal and state Emergency Management, mass shelter, Business Continuity Plan (BCP) and Continuity of Operations Plan (COOP) requirements. Page 7 of 10 iii. Coordinate with and communicate to county DSS agencies regarding available and required training opportunities associated with DSS Mass Shelter, BCP and COOP responsibilities. iv. Assist and support counties as needed in implementation of operational functions of mass shelter operations and as needed during other emergencies as they arise. (5) The Department shall timely meet all of its responsibilities contained in this MOU. "Timely" shall be defined consistent with timeliness requirements set forth in relevant statute, regulation, and policy. Where timeliness is not otherwise defined, "timely" shall mean within a reasonable time under the circumstances. 14.0 Responsibilities of the County The County hereby agrees that its responsibilities under this MOU are as follows: (1) The County shall adhere to the mandated performance requirements for each social services program as identified in Attachment L The County will ultimately work toward achievement of the Standard Measure for all performance requirements set forth in Attachments I and II. (2) The County shall comply with the following administrative responsibilities a. Staff Requirements and Workforce Development: i. The personnel, including new hires and existing staff, involved in the County's provision of social services programs covered by this MOU shall complete all required and necessary training, which is documented as required by federal and state law and policy. b. Compliance: i. Perform activities related to its social services programs in compliance with all applicable federal and State laws, rules, regulations and policies. Nothing contained herein is intended to, nor has the effect of superseding or replacing state law, rules or policy related to social services programs. ii. Develop and implement internal controls over financial resources related to the County's social services programs to ensure that all financial resources are used in compliance with applicable federal and state laws. iii. Provide and adhere to corrective action plans as required based on monitoring findings and the Single Audit. c. Data Submission: i. Maintain accurate, thorough records of all social services programs covered by this MOU, in particular, records related to the mandated performance requirements that can be accessed for the purpose of data collection, service provision, monitoring or consultation ii. Ensure reliable data entry into state systems utilized for the administration of social services programs covered under this MOU. iii. Provide, upon request, data to the state for the purpose of, but not limited to, conducting monitoring, case file reviews, error analysis and quality control. iv. Utilize data to understand the performance of their county and to conduct analysis and implement changes where needed if performance measures are not being met. d. Communication: Page 8 of 10 i. Respond and provide related action in a timely manner to all communications received from the Department. ii. Provide timely information on all matters that have a potential negative impact on the social services programs they administer, including but not limited to, litigation risks (not including child welfare cases governed by Chapter 7B or adult services cases governed by Chapter 35A or 108A), network and computer issues, or data breaches. iii. Provide timely information regarding temporary or permanent changes to the Social Services Governing Board. or the County Social Services Director, including retirements, separations, or any leaves of absence greater than two calendar weeks. e. Inter -agency Cooperation: i. Ensure that county social services personnel complete required training and are prepared to engage in Disaster Management, mass shelter, BCP and COOP operations. ii. Ensure that all plans and systems are in place to meet potential disaster (natural, technical, otherwise) response requirements. iii. Engage with DHHS, state Emergency Management and local leadership in associated efforts. iv. Assist or operate mass shelter operations or other required disaster management responsibilities. (3) The County shall timely meet all its responsibilities contained in this MOU. "Timely" shall be defined consistent with timeliness requirements set forth in relevant statute, regulation, policy or as otherwise required by the Department. If timeliness is not otherwise defined, "timely" shall mean within a reasonable time under the circumstances. 15.0 Data Security and Reporting Data Security: The County shall adopt and apply data privacy and security requirements to comply with all applicable federal, state, department and local laws, regulations, and rules. To the extent that the Department and the County have already entered into one or more data privacy agreements covering all or any portion of the work to be performed under this MOU, the Parties hereby adopt and incorporate such agreements by reference into this MOU as if fully set forth herein. Duty to Report: The County shall report all privacy and security incidents related to the provision of social services programs covered by the MOU to the Department and the Privacy and Security Office within twenty-four (24) hours after the privacy and security incident is first discovered, provided that the County shall report a breach involving Social Security Administration data or Internal Revenue Service data within one (1) hour after the incident is first discovered. During the performance of this MOU, the County is to notify the Department of any contact by the federal Office for Civil Rights (OCR) received by the County related to the provision of social services programs covered by the MOU. In case of a privacy and security incident, the County, including any subcontractors or agents it retains, shall fully cooperate with the Department. 16.0 Miscellaneous Page 9 of 10 Choice of Law: The validity of this MOU and any of its terms or provisions, as well as the rights and duties of the Parties to this MOU, are governed by the laws of North Carolina. The Parties, by signing this MOU, agree and submit, solely for matters concerning this MOU, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this MOU and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This MOU may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the Department and the County. The Parties agree to obtain any necessary approvals, if any, for any amendment prior to such amendment becoming effective. Also, the Parties agree that legislative changes to state law shall amend this MOU by operation of law to the extent affected thereby. Effective Date: This MOU shall become effective January 1, 2021 and shall continue in effect until June 30, 2022. Signature Warranty: Each individual signing below warrants that he or she is duly authorized by the parry to sign this MOU and to bind the party to the terms and conditions of this MOU. Randolph County BY: Name TITLE: DATE :• TITLE: DATE: North Carolina Department of Health and Human Services DATE: Secretary, Department of Health and Human Services Page 10 of 10 Name