agenda · 1 day ago · miscellaneous 0000 0.0% moved to expenditure in fy21 ... meeting topics...

Human Resources Director/Town Clerk Katherine Cathey 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-296-9441 | [email protected]

www.hillsboroughnc.gov | @HillsboroughGov

Board of Commissioners Agenda | 1 of 1

Agenda Board of Commissioners Work Session (Remote) 7 p.m. June 29, 2020 Town of Hillsborough YouTube channel

Due to current public health concerns, the Board of Commissioners is conducting its work session remotely on June 29, 2020 utilizing Zoom. Members of the Board of Commissioners will be participating in the meeting remotely. Members of the public will be able to view and listen to the meeting via live streaming video on the Town of Hillsborough YouTube channel.

Compliance with the American with Disabilities Act interpreter services and/or special sound equipment is available on request. If you are disabled and need assistance with reasonable accommodations, call the Town Clerk’s Office at 919-296-9441.

Please use the bookmark feature to navigate and view the item attachments.

1. Opening of the workshop

2. Agenda changes and approval

3. Items for decision — consent agendaA. Miscellaneous budget amendments and transfersB. Miscellaneous Tourism Board budget amendments and transfersC. Hillsborough Tourism Board FY2021 Budget OrdinanceD. Hillsborough Tourism Development Authority FY2021 Budget OrdinanceE. CrowderGulf, LLC Disaster Debris Removal ContractF. Budget and purchase order transfers from FY2020 to FY2021G. Ordinance Amending Town Code Chapter 14 Regarding Water Tampering LanguageH. Sole Source PurchasesI. Ordinance Amending Town Code Chapter 13 Regarding size of double monuments in the Town Cemetery

4. In-depth discussions and topicsA. Resolution designating Juneteenth an official holiday in the Town of HillsboroughB. FY2020-21 Annual Budget and Financial PlanC. Discussion of street naming policy or ordinanceD. Update regarding Eno Mountain Rd to NC 86 projectE. Discussion of Re-Imagining Public Safety as a Standing Workshop Agenda Item

5. Other business

6. Committee updates and reports

7. Adjournment

https://www.youtube.com/user/TownOfHillsboroughNC/

https://www.youtube.com/user/TownOfHillsboroughNC/

Board of Commissioners Agenda Abstract Form

Meeting Date: June 29, 2020

Department: Administration - Budget

Public Hearing: Yes No

Date of Public Hearing: __________________________

For Clerk’s Use Only

AGENDA ITEM #

3.A

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Emily Bradford, Budget Director

ITEM TO BE CONSIDERED Subject: Miscellaneous budget amendments and transfers

Attachment(s): 1. Description and explanation for budget amendments and transfers

Brief Summary: To adjust budgeted revenues and expenditures where needed due to changes that have occurred since budget adoption.

Action Requested: Consider approving budget amendments and transfers.

ISSUE OVERVIEW

Background Information & Issue Summary: N/A

Financial Impacts: As indicated by each budget amendment.

Staff Recommendations/Comments: To approve the attached list of budget amendments.

BUDGET CHANGES REPORT

TOWN OF HILLSBOROUGH

FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020

REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE

USER

10-00-3100-3100-190 CURRENT MOTOR VEHICLE LEVY

06/29/2020 610,500.00 4,008.00Adj to actual 16942 614,508.00EBRADFORD

10-00-3100-3101-191 PRIOR MOTOR VEHICLE LEVY

06/29/2020 100.00 -100.00Adj to actual 16938 0.00EBRADFORD

10-00-3100-3101-216 2016 TAX LEVY

06/29/2020 0.00 15,716.00Adj to actual 16937 15,716.00EBRADFORD

10-00-3100-3101-217 2017 TAX LEVY


10-00-3100-3101-218 2018 TAX LEVY

06/29/2020 40,000.00 -30,223.00Adj to actual 16940 9,777.00EBRADFORD

10-00-3100-3104-001 PENALTIES AND INTEREST

06/29/2020 18,000.00 890.00Adj to actual 16943 18,890.00EBRADFORD

10-00-3110-3110-001 LOCAL OPTION SALES TAX (39)





06/29/2020 55.00 -52.00Adj to actual 16957 3.00EBRADFORD

10-00-3110-3110-005 LOCAL OPTION SALES/HOLD HARMLESS


10-00-3110-3110-007 SOLID WASTE DISPOSAL TAX


10-00-3110-3113-192 GROSS RECEIPTS TAX/VEHICLE


10-00-3110-3114-192 BEER / WINE LICENSE FEES

06/29/2020 500.00 182.00Adj to actual 16946 682.00EBRADFORD

10-00-3110-3114-194 TAXI LICENSE FEES


10-00-3110-3115-001 PRIOR MOTOR VEHICLE LIC.FEE


10-00-3200-3201-000 FRANCHISE TAX


10-00-3200-3202-000 BEER AND WINE TAX

06/29/2020 27,000.00 4,790.00To cover COVID-19 expenses 16905 31,790.00EBRADFORD


10-00-3200-3203-003 FOOD & BEVERAGE TAX

06/29/2020 402,900.00 -37,900.00Yr-end adjustment 17024 365,000.00EBRADFORD


10-00-3300-3301-032 COVID RELIEF FUNDING

06/29/2020 0.00 79,973.00To est budget for Cares Act funding 16899 79,973.00EBRADFORD

10-00-3460-3100-000 OCCUPANCY TAX


10-00-3800-3800-350 MISCELLANEOUS

JPrivuznak 3:24:34PM06/22/2020

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GF RevAct.

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GF RevAct.

GF RevAct.

GF RevAct.

GF RevAct.

GF RevAct.

GF RevAct.

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GF RevAct.

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GF RevAct.



FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER


10-00-3850-3850-000 INTEREST EARNED


10-00-3900-3900-000 FUND BALANCE APPROPRIATION

06/29/2020 346,733.00 -20,000.00Defer Connectivity Proj. 16856 848,534.90EBRADFORD

06/29/2020 346,733.00 50,343.00Riverwalk-CMAQ grant match 16898 898,877.90EBRADFORD

06/29/2020 346,733.00 112,519.00Yr-end adjustment 16962 1,011,396.90EBRADFORD

06/29/2020 346,733.00 12,643.00Admin Yr-end adjustment 16972 1,024,039.90EBRADFORD

06/29/2020 346,733.00 6,879.00Solid Waste Yr-end adjustment 16994 1,030,918.90EBRADFORD

06/29/2020 346,733.00 -2,317.00Yr-end adjustment 17018 1,028,601.90EBRADFORD




06/29/2020 346,733.00 27,998.00GovBody cost alloc adj 17164 1,159,173.90EBRADFORD

06/29/2020 346,733.00 49,286.00Admin cost alloc adj 17169 1,208,459.90EBRADFORD

10-10-3400-3401-000 PLANNING FEES



10-10-3400-3402-000 CABLE FRANCHISE FEE


10-10-3400-3403-000 PARK USAGE FEES


10-10-4000-5100-030 SALARIES - DISASTER

06/29/2020 0.00 3,850.00To cover COVID-19 expenses 16902 3,850.00EBRADFORD

10-10-4000-5120-050 FICA

06/29/2020 0.00 400.00To cover COVID-19 expenses 16903 400.00EBRADFORD

10-10-4000-5127-070 RETIREMENT

06/29/2020 0.00 540.00To cover COVID-19 expenses 16904 540.00EBRADFORD

10-10-4100-5500-970 SERVICE CHARGE/WS FUND

06/29/2020 -144,494.00 26,921.00Yr-end adj & FY19 correction 17162 -117,573.00EBRADFORD

10-10-4100-5500-980 SERVICE CHARGE-STORMWATER FUND


10-10-4200-5100-020 SALARIES

06/29/2020 743,634.00 6,000.00Yr-end adjustment 16963 756,384.00EBRADFORD

10-10-4200-5125-060 HOSPITALIZATION


10-10-4200-5127-070 RETIREMENT


10-10-4200-5127-071 401(K) RETIREMENT SUPP.

06/29/2020 37,232.00 505.00Yr-end adjustment 16966 38,075.00EBRADFORD


10-10-4200-5300-080 TRAINING/CONF./CONV.

06/29/2020 15,890.00 -200.00Yr-end adjustment 17166 17,190.00EBRADFORD

10-10-4200-5300-081 TRAINING-HILLS.UNIV.PROGRAM


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GF Rev.Act.

GF Rev.Act.

GF Rev.Act.

GF Rev.Act.

COVID-19

COVID-19

COVID-19

GoverningBody

GoverningBody

GF Admin.

GF Admin.

GF Admin.

GF Admin.

GF Admin.

GF Admin.

GF Fund Balance



FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER

06/29/2020 6,000.00 -4,000.00Yr-end adjustment 16967 500.00EBRADFORD

10-10-4200-5300-113 LICENSE FEES


10-10-4200-5300-120 ADVERTISING


10-10-4200-5300-320 SUPPLIES - OFFICE


10-10-4200-5300-330 DEPARTMENTAL SUPPLIES


10-10-4200-5500-970 SERVICE CHARGE/WS FUND


10-10-4200-5500-980 SERVICE CHARGE-STORMWATER FUND


10-10-4400-5300-080 TRAINING/CONF./CONV.

06/29/2020 7,200.00 -644.00To cover Prudential corrected payment 16828 6,016.00EBRADFORD


10-10-4400-5300-110 TELEPHONE/INTERNET

06/29/2020 840.00 313.00Yr-end adjustment 16973 1,153.00EBRADFORD

10-10-4400-5300-351 RENTAL - EQUIPMENT

06/29/2020 628.00 -8.00Yr-end adjustment 17001 620.00EBRADFORD

10-10-4400-5300-570 MISCELLANEOUS

06/29/2020 3,000.00 644.00To cover Prudential corrected payment 16829 6,978.00EBRADFORD




10-10-6300-5300-155 MAINTENANCE - PARKS


10-10-6600-5120-050 FICA


10-10-6600-5127-070 RETIREMENT


10-10-6600-5300-570 MISCELLANEOUS


10-20-3300-3310-100 FEMA REIMBURSEMENTS


10-20-3300-3380-000 MISC.-CONFISCATION %AGE


10-20-3400-3404-000 FIRE INSPECTION FEES


10-20-3800-3800-352 ORANGE COUNTY ABC BOARD

06/29/2020 5,000.00 -5,000.00ABC rev moved to restricted fund 16936 0.00EBRADFORD

10-20-5110-5100-010 OVERTIME COMPENSATION



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GF Admin

GF Admin

GF Admin

GF Admin

GF Admin

GF Admin

Accounting

Accounting

Accounting

Accounting

Public Space

Public Space

Safety &Risk Mgt.

Safety &Risk Mgt.

Safety &Risk Mgt.

GF Rev Acct.

GF Rev Acct.

GF Rev Acct.

GF Rev Acct.

Police-Patrol



FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER

10-20-5110-5100-020 SALARIES

06/29/2020 1,124,382.00 43,000.00Admin Yr-end adjustment 17002 1,167,382.00EBRADFORD



10-20-5110-5127-070 RETIREMENT

06/29/2020 112,315.00 2,000.00Admin Yr-end adjustment 17003 114,315.00EBRADFORD

10-20-5110-5127-071 401(K) RETIREMENT SUPP.

06/29/2020 57,894.00 1,006.00Admin Yr-end adjustment 17004 58,900.00EBRADFORD

10-20-5110-5400-910 DEBT SERVICE


10-20-5110-5700-740 CAPITAL - VEHICLES




10-20-5120-5100-020 SALARIES


10-20-5120-5300-456 C.S./ALARM


10-20-5120-5400-910 DEBT SERVICE


10-20-5350-5300-130 UTILITIES


10-20-5350-5400-741 LEASE PURCHASE/FIRE TRUCK


10-30-3300-3301-000 POWELL BILL TAX


10-30-5550-5100-020 SALARIES


10-30-5550-5300-201 WATER VEHICLE REPAIR


10-30-5600-5100-020 SALARIES





10-30-5600-5127-070 RETIREMENT


10-30-5600-5300-120 ADVERTSING

06/29/2020 100.00 21.00Yr-end adjustment 16987 121.00EBRADFORD

10-30-5600-5300-310 GASOLINE


10-30-5600-5300-330 SUPPLIES - DEPARTMENTAL



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Police-Patrol

Police-Patrol

Police-Patrol

Police-Patrol

Police-Patrol

Police-Patrol

Police:I &C

Police:I &C

Police:I &C

Police:I &C

Fire Protection

Fire Protection

GF RevAcct.

Fleet Mainten.

Fleet Mainten.

Street

Street

Street

Street

Street

Street



FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER

10-30-5600-5300-455 C.S./ENGINEERING


10-30-5600-5400-910 DEBT SERVICE


10-30-5700-5300-762 PATCH & RESURFACE


10-30-5800-5100-020 SALARIES





10-30-5800-5300-320 SUPPLIES - OFFICE


10-30-5800-5300-450 LANDFILL FEES


10-30-5800-5700-740 CAPITAL - VEHICLES


10-50-6250-5127-071 401K RETIREMENT SUPPLEMENT


10-50-6250-5300-001 PAYMENTS - TOURISM BOARD


10-50-6250-5300-570 MISCELLANEOUS



10-50-6250-5300-571 MISC-TAX, TAGS & ETC.

06/29/2020 0.00 37.00Yr-end adjustment 16998 37.00EBRADFORD

10-60-6900-5300-130 UTILITIES


10-60-6900-5300-570 MISCELLANEOUS

06/29/2020 45,000.00 79,973.00To est budget for Cares Act funding 16900 124,973.00EBRADFORD


10-60-6900-5400-910 DEBT/MUNICIPAL LAND PURCHASE


10-71-6300-5970-924 TRANSFER TO RIVERWALK - CMAQ

06/29/2020 0.00 50,343.00Riverwalk-CMAQ grant match 16820 50,343.00EBRADFORD

10-71-6300-5982-000 TRANSFER TO GEN CAP IMPROV FUND

06/29/2020 20,000.00 -20,000.00Defer Connectivity Proj. 16855 0.00EBRADFORD

30-70-3870-3872-000 TRANSFER FROM CAPITAL RESERVE-WATER

06/29/2020 90,415.00 -90,415.00Adj to actual 16915 0.00JDELLAVALLE

30-70-3870-3872-001 TRANSFER FROM CAPITAL RESERVE-SEWER

06/29/2020 200,000.00 -200,000.00Adj to actual 16916 0.00JDELLAVALLE

30-71-8140-5982-000 TRANSFER TO CAPITAL IMPROVEMENT FUN

06/29/2020 25,000.00 -25,000.00Eliminated FY20 funding for Old WTP Reno 16918 0.00JDELLAVALLE


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Street

Street

Powell Bill

SolidWaste

SolidWaste

SolidWaste

SolidWaste

SolidWaste

Econ. Dev.

Econ. Dev.

Econ. Dev.

Econ. Dev.

Spec. Appro.

Spec. Appro.

Spec. Appro.

WSF Rev. Acct.

WSF Rev. Acct.

Public Space

Public Space

Water Distribution



FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER

30-71-8200-5982-001 TRANSFER TO CAPITAL IMPROVEMENT FUN

06/29/2020 275,000.00 -25,000.00Eliminated FY20 funding for Old WTP Reno 16921 220,000.00JDELLAVALLE

06/29/2020 275,000.00 -134,105.00Reduced FY20 funding for system rehab 16925 85,895.00JDELLAVALLE

30-80-3500-3505-001 PENALTIES/DELINQUENT FEE

06/29/2020 150,000.00 -9,800.00Adj to actual 16912 140,200.00JDELLAVALLE

30-80-3850-3851-003 PERPETUAL MAINT. FEE INTEREST

06/29/2020 300.00 -45.00Adj to actual 16914 255.00JDELLAVALLE

30-80-3900-3900-000 FUND BALANCE APPROPRIATED

06/29/2020 119,326.00 300,260.00Adj to actual 16913 974,539.07JDELLAVALLE


06/29/2020 119,326.00 -134,105.00Reduced FY20 funding for system rehab 16924 790,434.07JDELLAVALLE

30-80-7200-5300-475 C.S./UTILITY ANALYSIS

06/29/2020 0.00 364.00To cover yr-end overages 16778 20,276.00JDELLAVALLE

30-80-7200-5300-570 MISCELLANEOUS

06/29/2020 10,000.00 -1,025.00To cover yr-end overages 16777 8,975.00JDELLAVALLE


06/29/2020 10,000.00 -400.00To cover yr-end FICA overages 16821 6,355.00JDELLAVALLE

06/29/2020 10,000.00 -2,846.00To cover yr-end Cost Allocations overages 16825 3,509.00JDELLAVALLE

30-80-7200-5350-610 SERVICE CHARGE-GOVERNING BODY

06/29/2020 144,494.00 2,846.00To cover yr-end Cost Allocations overages 16826 147,340.00JDELLAVALLE

30-80-7200-5350-630 SAFETY AWARDS

06/29/2020 0.00 661.00To cover yr-end overages 16779 6,425.00JDELLAVALLE

30-80-7220-5100-010 OVERTIME

06/29/2020 300.00 1,050.00To cover yr-end overages 16781 1,350.00JDELLAVALLE

30-80-7220-5100-020 SALARIES

06/29/2020 257,299.00 3,500.00To cover yr-end overages 16782 260,799.00JDELLAVALLE

30-80-7220-5100-021 PERSONNEL EXPANSION


06/29/2020 33,236.00 -500.00To cover yr-end overages 16803 27,186.00JDELLAVALLE

30-80-7220-5120-050 FICA

06/29/2020 19,706.00 750.00To cover yr-end overages 16794 20,456.00JDELLAVALLE

06/29/2020 19,706.00 400.00To cover yr-end FICA overages 16822 20,856.00JDELLAVALLE



30-80-7220-5127-070 RETIREMENT


30-80-7220-5127-071 401(K) RETIREMENT SUPPL.


30-80-7240-5100-020 SALARIES


06/29/2020 256,191.00 -2,600.00To cover yr-end Telephone overages 16811 223,591.00JDELLAVALLE



30-80-7240-5300-111 TELEPHONE-METER READING


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WSF Rev Acct.

WSF Rev Acct.

WSF Fund Balance

Admin of Enterprise

Admin of Enterprise

Admin of Enterprise

Admin of Enterprise

Utilities Admin.

Utilities Admin.

Utilities Admin.

Utilities Admin.

Utilities Admin.

Utilities Admin.

Utilities Admin.

Billing & Collections



WastewaterCollection



FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER

06/29/2020 3,580.00 2,600.00To cover yr-end Telephone overages 16812 6,180.00JDELLAVALLE

30-80-7240-5300-570 MISCELLANEOUS

06/29/2020 500.00 25,000.00To cover misc. yr-end expenditures 16935 26,066.00JDELLAVALLE



30-80-8120-5100-020 SALARIES




30-80-8120-5125-062 DENTAL INSURANCE


30-80-8120-5300-310 GASOLINE

06/29/2020 2,500.00 1,000.00To cover yr-end Gasoline overages 16818 3,500.00JDELLAVALLE

30-80-8120-5300-550 ALUM SLUDGE REMOVAL


06/29/2020 80,000.00 -1,000.00To cover yr-end Gasoline overages 16817 65,000.00JDELLAVALLE



30-80-8140-5100-020 SALARIES


30-80-8140-5100-021 PESONNEL EXPANSION

06/29/2020 4,627.00 -4,627.00To cover yr-end overages 16788 0.00JDELLAVALLE




06/29/2020 115,000.00 -3,000.00To cover yr-end dept'l supplies overages 16823 113,143.28JDELLAVALLE

30-80-8200-5100-020 SALARIES


30-80-8200-5100-021 PERSONNEL EXPANSION


06/29/2020 13,881.00 -615.00To cover yr-end Telephone overages 16813 10,866.00JDELLAVALLE


06/29/2020 5,660.00 615.00To cover yr-end Telephone overages 16814 6,275.00JDELLAVALLE


06/29/2020 55,000.00 3,000.00To cover yr-end dept'l supplies overages 16824 62,255.46JDELLAVALLE

30-80-8200-5300-571 MISC-TAX, TAGS, ETC.

06/29/2020 1,000.00 770.00To cover yr-end Misc. Tax/Tags overage 16784 1,770.00JDELLAVALLE

30-80-8200-5300-600 PERSONNEL EXPANSION - OPER COSTS

06/29/2020 3,525.00 -770.00To cover yr-end Misc. Tax/Tags overage 16783 2,755.00JDELLAVALLE

30-80-8220-5300-570 MISCELLANEOUS

06/29/2020 4,600.00 25,000.00To cover misc. yr-end expenditures 16933 29,600.00JDELLAVALLE

30-80-9990-5300-000 CONTINGENCY

06/29/2020 400,000.00 -25,000.00To cover misc. yr-end expenditures 16932 280,878.00JDELLAVALLE


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Water Treatment Plant






Water Distribution

Water Distribution

Water Distribution

Water Distribution

Water Distribution







Wastewater Treatment Plt

WSF Contingency



FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER

06/29/2020 400,000.00 -25,000.00To cover misc. yr-end expenditures 16934 255,878.00JDELLAVALLE

35-30-5900-5100-020 SALARIES




35-30-5900-5125-061 LIFE/DISABILITY/VISION


35-30-5900-5127-070 RETIREMENT


35-30-5900-5127-071 401(K) RETIREMENT SUPPLEMENT



06/29/2020 2,200.00 75.00To cover Telephone overages 16816 2,275.00JDELLAVALLE

35-30-5900-5300-165 MAINTENANCE - INFRASTRUCTURE



35-30-5900-5300-570 MISCELLANEOUS

06/29/2020 5,000.00 -75.00To cover yr-end Telephone overages 16815 3,620.00JDELLAVALLE

06/29/2020 5,000.00 -100.00To cover updated closing costs 16923 3,520.00EBRADFORD

35-30-5900-5700-710 CAPITAL - LAND ACQUISITION

06/29/2020 0.00 100.00To cover updated closing costs 16922 33,814.00EBRADFORD

44-10-6200-5700-720 CONSTRUCTION

06/29/2020 970,897.90 50,343.00Adj grant match to actual 16897 1,021,240.90EBRADFORD

44-70-3870-3870-100 TRANSFER FROM GENERAL FUND

06/29/2020 201,370.00 50,343.00Adj grant match to actual 16819 251,713.00EBRADFORD

60-00-3850-3850-000 ESCROW INTEREST

06/29/2020 107.00 -107.00Close out Fleet Maint Proj 16848 0.00EBRADFORD

60-10-4200-5700-735 MUNICIPAL OPERATIONS SITE

06/29/2020 655,622.00 -655,622.00To close out Muni Op Site project 16833 0.00EBRADFORD

60-10-6300-5700-731 CONNECTIVITY PROJECTS

06/29/2020 40,000.00 -20,000.00Reduce budget b/c non-essen exp 16854 40,000.00EBRADFORD

60-20-5350-5700-740 FIRE - VEHICLES

06/29/2020 480,078.81 -480,078.81Close out Fire Engine Proj 16844 0.00EBRADFORD

60-20-5350-5700-741 LADDER TRUCK

06/29/2020 807,547.00 -807,547.00Close out Ladder Truck proj 16841 0.00EBRADFORD

60-30-5550-5700-735 FLEET MAINT. FACILITY

06/29/2020 1,117,257.00 -1,117,257.00Close out Fleet Maint Proj 16837 0.00EBRADFORD

60-30-5800-5700-741 GARBAGE TRUCK

06/29/2020 224,512.00 -224,512.00Close out Garbage Truck Proj 16838 0.00EBRADFORD

60-30-5800-5700-742 KNUCKLEBOOM TRUCK

06/29/2020 104,367.00 -104,367.00Close out Knuckleboom proj 16852 0.00EBRADFORD

60-70-3870-3870-100 TRANSFER FROM GENERAL FUND

06/29/2020 266,696.85 -210,000.00Move rev. to proj specific accts 16830 76,696.85EBRADFORD


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Stormwater

Stormwater

Stormwater

Stormwater

Stormwater

Stormwater

Stormwater

Stormwater

Stormwater

Riverwalk Proj Fund

Riverwalk Proj Fund

GF Cap. Impr. Project Fund








GF Rev. Acct.



FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER

06/29/2020 266,696.85 -36,022.00To close out Muni Op Site project 16834 40,674.85EBRADFORD

06/29/2020 266,696.85 -40,674.85Close out Fleet Maint Proj 16847 0.00EBRADFORD

60-70-3870-3870-101 TRANSFER FROM GENERAL FUND-CONNECTI

06/29/2020 0.00 60,000.00Move rev. to proj specific accts 16831 60,000.00EBRADFORD

06/29/2020 0.00 -20,000.00Reduce budget b/c non-essen exp 16853 40,000.00EBRADFORD

60-70-3870-3870-102 TRANSFER FROM GENERAL FUND-FIBER LO

06/29/2020 0.00 150,000.00Move rev. to proj specific accts 16832 150,000.00EBRADFORD

60-70-3980-3980-101 INSTAL FIN./MUNICIPAL OP SITE

06/29/2020 619,600.00 -619,600.00To close out Muni Op Site project 16835 0.00EBRADFORD

60-70-3980-3982-301 INSTAL FIN./FLEET MAINT.FAC.

06/29/2020 1,073,000.00 -1,073,000.00Close out Fleet Maint Proj 16836 0.00EBRADFORD

60-70-3980-3983-300 INSTAL FIN./LADDER TRUCK


60-70-3980-3983-301 INSTAL FIN./ENGINE TRUCK

06/29/2020 481,028.96 -480,078.81Close out Fire Engine Proj 16845 950.15EBRADFORD

06/29/2020 481,028.96 -950.15Close out Knuckleboom proj 16850 0.00EBRADFORD

60-70-3980-3983-310 INSTAL FIN./KNUCKLEBOOM TK

06/29/2020 107,000.00 -3,475.15Close out Fleet Maint Proj 16849 103,524.85EBRADFORD

06/29/2020 107,000.00 -103,524.85Close out Knuckleboom proj 16851 0.00EBRADFORD

60-70-3980-3984-400 INSTAL FIN./GARBAGE TRUCK

06/29/2020 227,000.00 -227,000.00Close out Garbage Truck Proj 16839 0.00EBRADFORD

60-71-6900-5970-920 TRANSFER TO GENERAL FUND

06/29/2020 7,070.00 -2,488.00Close out Garbage Truck Proj 16840 4,582.00EBRADFORD


06/29/2020 7,070.00 -108.00Close out Knuckleboom proj 16846 0.00EBRADFORD

66-80-8130-5700-000 CONTINGENCY

06/29/2020 636,037.90 -10,325.00To cover cost of dam application fee 17155 434,350.14JDELLAVALLE

66-80-8130-5700-570 MISCELLANEOUS

06/29/2020 451,757.58 10,325.00To cover cost of dam application fee 17156 398,670.58JDELLAVALLE

69-00-3850-3850-000 INTEREST EARNED

06/29/2020 2,271.00 -2,271.00Transf to proj specific accts 16872 0.00EBRADFORD

69-70-3870-3870-000 TRANSFER FROM WATER FUND

06/29/2020 2,348,263.26 -585,000.00Close out Effluent Aeration Proj 16857 2,033,263.26EBRADFORD

06/29/2020 2,348,263.26 -88,931.76Close out Water Tank proj 16859 1,944,331.50EBRADFORD

06/29/2020 2,348,263.26 -1,800,116.50Transf to proj specific accts 16862 144,215.00EBRADFORD

06/29/2020 2,348,263.26 -144,215.00Close out projects 16890 0.00EBRADFORD

69-70-3870-3870-001 TRANSFER FROM WSF-S ZONE BPS

06/29/2020 0.00 180,000.00Transf to proj specific accts 16865 180,000.00EBRADFORD

69-70-3870-3870-003 TRANSFER FROM WSF-N ZONE LOOP


69-70-3870-3870-004 TRANSFER FROM WSF-EDD WTR LINE EXT


69-70-3870-3870-005 TRANSFER FROM WSF-CHURTON ST MAIN



fl142r03

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GF Rev. Project Acct.








Proj. Acct. Close out

WSF:Project Accts.

WSF:Rev. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WFER - Phase 2

WFER - Phase 2



FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER

69-70-3870-3870-006 TRANSFER FROM WSF-16" WATER CONN


69-70-3870-3870-007 TRANSFER FROM WSF-OLD WTP ADDITION


06/29/2020 0.00 -50,000.00Eliminated FY20 funding for Old WTP Reno 16919 40,000.00JDELLAVALLE

69-70-3870-3870-008 TRANSFER FROM WSF-ORANGE GR/CHURTON


69-70-3870-3870-009 TRANSFER FROM WSF-RIVER PS


06/29/2020 0.00 -30,000.00Reduce per change in rev source 16891 0.00EBRADFORD

69-70-3870-3870-010 TRANSFER FROM WSF-WW SYS REHAB


06/29/2020 0.00 -134,105.00Reduced FY20 funding for system rehab 16926 85,895.00JDELLAVALLE

69-70-3980-3980-305 INSTALL.FIN./S.ZONE WATER TANK

06/29/2020 1,882,438.00 -1,882,438.00Close out Water Tank proj 16860 0.00EBRADFORD

69-71-6900-5970-920 TRANSFER TO WATER/SEWER FUND

06/29/2020 174,215.00 -174,215.00Close out projects 16892 0.00EBRADFORD

69-80-8120-5700-733 WATERSTONE WATER TANK

06/29/2020 1,971,369.76 -1,971,369.76Close out Water Tank proj 16861 0.00EBRADFORD

69-80-8200-5700-736 OLD WTP ADDITION


69-80-8200-5700-739 WASTEWATER SYSTEM REHAB

06/29/2020 0.00 -134,105.00Reduced FY20 funding for system rehab 16927 85,895.00JDELLAVALLE

69-80-8220-5700-736 EFFLUENT AERATION PROJECT

06/29/2020 585,000.00 -585,000.00Close out Effluent Aeration Proj 16858 0.00EBRADFORD

72-00-4900-3301-000 RESTRICTED REV-AFFORDABLE HOUSING

06/29/2020 0.00 -108,344.67Back out prior yr activity 16878 46,655.33EBRADFORD

06/29/2020 0.00 45,131.67Habitat/Odie St Infrastructure Work 16893 91,787.00EBRADFORD

72-00-5100-3301-023 RESTRICTED REV-HILLSBOROUGH ROCKS


72-00-5100-3301-027 RESTRCITED REV-CHRISTMAS TOY DRIVE



72-00-5100-3301-029 RESTRICTED REV-SENIOR PROGRAM


72-00-5100-3301-052 RESTRICTED REV-ABC BOARD GRANT

06/29/2020 0.00 5,000.00Adj per FY20 revenue collected 16882 20,000.00EBRADFORD

72-00-5110-3301-001 RESTRICTED REV- AED DEVICE DONATION


72-00-6250-3301-020 RESTRICTED REV-COLL OUTREACH

06/29/2020 0.00 -5,072.56Back our prior yr activity 16886 0.00EBRADFORD

72-10-4900-5300-350 AFFORDABLE HOUSING EXPENDITURES



fl142r03

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WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

WSF:Proj. Acct.

GF: Restricted Rev. Acct.










FY 2019-2020

DATES: 06/29/2020 TO 06/29/2020


USER

06/29/2020 0.00 45,131.67Habitat/Odie St Infrastructure Work 16894 91,787.00EBRADFORD

72-20-5100-5300-023 HILLSBOROUGH ROCKS EXPENDITURES


72-20-5100-5300-024 SENIOR PROGRAM EXPENDITURES


72-20-5100-5300-052 ABC BOARD EXPENDITURES


06/29/2020 0.00 210.00To cover ALERT activities 16895 6,330.00EBRADFORD

72-20-5100-5300-350 CHRISTMAS TOY DRIVE EXPENDITURES



72-20-5100-5700-740 CAPITAL VEHICLES-ABC GRANT

06/29/2020 0.00 -210.00To cover ALERT activities 16896 13,670.00EBRADFORD

72-20-5110-5301-331 SUPPLIES -SAFETY AED DEVICES


72-50-6250-5300-350 COLLABORATVE OUTREACH EXPENDITURES

06/29/2020 0.00 -5,072.56Back our prior yr activity 16887 0.00EBRADFORD

74-00-3460-3100-000 TOURISM BOARD F&B TAX REVENUE


74-00-3900-3900-000 FUND BALANCE APPROPRIATED


74-51-6250-5300-120 ADVERTISING

06/29/2020 85.00 100.00Budget public hearing notice 17159 185.00EBRADFORD

74-51-6250-5300-570 MISCELLANEOUS

06/29/2020 4,785.00 -100.00Budget public hearing notice 17160 4,546.00EBRADFORD

74-51-6250-5300-999 6% HOLDBACK

06/29/2020 0.00 26,200.00Yr-end adjustment 17161 26,200.00EBRADFORD

-12,478,059.98


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GF: Restricted Rev. Accts.







Tourism Board

Tourism Board

Tourism Board

Tourism Board

Tourism Board



Department: Administration - Budget




AGENDA ITEM #

3.B

Consent Agenda

Regular Agenda

Closed Session


ITEM TO BE CONSIDERED Subject: Miscellaneous Tourism Board budget amendments and transfers

Attachment(s): 1. Description and explanation for budget amendments and transfers

Brief Summary: To adjust budgeted revenues and expenditures where needed due to changes that have occurred since budget adoption.

Action Requested: Consider approving budget amendments and transfers.

ISSUE OVERVIEW

Background Information & Issue Summary: Tourism budget amendments/transfers must be approved by the town board.

Financial Impacts: As indicated by each budget amendment.

Staff Recommendations/Comments: To approve the attached list of budget amendments.

BUDGET CHANGES REPORTTOWN OF HILLSBOROUGH

FY 2019-2020DATES: 06/29/2020 TO 06/29/2020


USER

74-00-3460-3100-000 TOURISM BOARD F&B TAX REVENUE06/29/2020 350,000.00 -10,000.00Yr-end adjustment 17157 340,000.00EBRADFORD

74-00-3900-3900-000 FUND BALANCE APPROPRIATED06/29/2020 25,000.00 36,200.00Yr-end adjustment 17158 66,900.00EBRADFORD

74-51-6250-5300-120 ADVERTISING06/29/2020 85.00 100.00Budget public hearing notice 17159 185.00EBRADFORD

74-51-6250-5300-570 MISCELLANEOUS06/29/2020 4,785.00 -100.00Budget public hearing notice 17160 4,546.00EBRADFORD

74-51-6250-5300-999 6% HOLDBACK06/29/2020 0.00 26,200.00Yr-end adjustment 17161 26,200.00EBRADFORD

52,400.00

EBRADFORD 9:23:48AM06/22/2020fl142r03

Page 1 of 1



Department: Planning/Econ Dev.


Date of Public Hearing: June 22, 2020


AGENDA ITEM #

3.C

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner ITEM TO BE CONSIDERED

Subject: Hillsborough Tourism Board FY2021 Budget Ordinance

Attachment(s): 1. FY2021 Tourism Board Budget 2. FY2021 Budget Ordinance

Brief Summary: The Hillsborough Tourism Board, carefully considering the revenue projections as well as expenditures planned for the year, has drafted their proposed FY2021 budget. The board conducted a Public Hearing at their meeting on June 22, 2020.

Action Requested: Review and approve the Hillsborough Tourism Board’s FY2021 Budget.

ISSUE OVERVIEW

Background Information & Issue Summary: The Tourism Board drives economic development by promoting travel, tourism, and visitor services. The board reinvests the town's 1% prepared food and beverage tax in funding for grants, special projects and partnerships, and contract services. The board sponsors programs and activities designed to improve Hillsborough's attractiveness to visitors.

Financial Impacts: None

Staff Recommendations/Comments: None

TOURISM BOARDRevenues FY19 FY20 FY21 $ %

Account Name Actual Estimate Budget Change Change Comments

Food & Beverage Tax 372,848 285,000 300,000 15,000 5.3% Projected Revenues Reduced by 20% due6% Holdback (20,100) (21,000) 0 21,000 ‐100.0% to impact of COVID‐19Interest Earned 0 0 0 0 0.0% 6% admin cost to Town of Hillsborough, Miscellaneous 0 0 0 0 0.0% moved to expenditure in FY21Fund Balance Appropriated 28,112 79,429 49,646 (29,783) ‐37.5%

COVID‐19 Appropriation 70,929 49,646

Contracts 5,000 0

Special Projs & Partnerships 3,500 0 Increased Board interest in attending Training/Conferences/Conventions 0 0 VisitNC 365 conference

Tourism Board Total 380,860$ 343,429$ 349,646$ 6,217$ 1.8%% Change 2.4% ‐9.8% 1.8%

Expenditures FY19 FY20 FY21 $ %Account Name Actual Estimate Budget Change Change Comments

OperationsAudit Fees 6,000 6,000 7,500 1,500 25.0%Attorney Fees 1,000 1,000 1,000 0 0.0%Training/Conferences/Conventions 100 0 0 0 0.0%Advertising 105 105 105 0 0.0%

Public Hearing for Budget 105 105

C.S./Alliance for Historic Hills. 201,000 210,000 200,000 (10,000) ‐4.8%C.S./Town of Hillsborough 28,000 28,000 37,854 9,854 35.2%Data Processing Services 3,700 4,950 4,450 (500) ‐10.1%

Website Hosting and Maintenanace 3,000 2,500

Submittable Online Platform Fees 1,950 1,950

C.S./Other 84,000 65,995 70,757 4,763 7.2%Arts Council 13,756 18,518

Orange County Museum 26,100 26,100

Burwell School 26,139 26,139

Insurance 980 980 980 0 0.0%Bond Insurance 180 180

Liability Insurance 800 800

Miscellaneous 3,027 1,500 1,500 0 0.0%Bank Fees 1,500 1,000

Tourism Plan Implementation 0 0

Miscellaneous 0 500

Special Projects & Partnership Opp. 12,500 4,999 0 (4,999) ‐100.0%Kings Highway Biodock (FY20/21) 0 0 Deferred in FY20 ($3,500)

Hillsborough Holiday Parade (FY20/FY21) 4,999 0 Deferred from FY21 ($7,500)Holiday Tree 0 0

Kiosk Signs at Visitors Center & Calvin Street (FY20) 0 0 Deferred in FY20 ($20,000)Parking Study Partnership (FY21) 0 0 Deferred from FY21 ($16,000)

Unassigned 0 0

Grants 22,700 19,900 7,500 (12,400) ‐62.3%Town 6% Holdback 0 0 18,000 18,000 0.0% Moved to an expense item in FY21Accrued AP 0 0 0 0 0.0%

Operations Subtotal 363,112 343,429 349,646 6,218 1.8%

Tourism Board Total 363,112$ 343,429$ 349,646$ 6,218$ 1.8%% Change 21.2% ‐5.4% 1.8%

Available Fund Balance 394,418$ 314,989$ 265,343$ Fund Balance as a % of Operating Expenditures 108.6% 91.7% 75.9% Per LGC, must maintain minimum of 8%

BUDGET ORDINANCE

FISCAL YEAR 2020‐21 BUDGET ORDINANCE TOURISM BOARD

Be it ordained by the Board of the Hillsborough Tourism Board, Hillsborough, North Carolina: SECTION I. GENERAL FUND: It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2020 and ending June 30, 2021:

Food & Beverage Tax $ 300,000 Fund Balance Appropriation $ 49,646

$ 349,646

The following amounts are hereby appropriated in the General Fund for the operation of the Tourism Board and its activities for the fiscal year beginning July 1, 2020 and ending June 30, 2021 in accordance with the Chart of Accounts heretofore established for the Tourism Board:

Tourism Board $ 349,646

$ 349,646

SECTION II. FOOD & BEVERAGE TAX: The Town of Hillsborough will collect a Food & Beverage Tax and distribute the funds to the Tourism Board to fund its operations. These funds are listed as “Food & Beverage Tax” revenues in the General Fund in Section I of the ordinance. SECTION III. BUDGET ORDINANCE: Copies of this Budget Ordinance shall be filed with the finance officer, budget officer and the clerk of the governing board of this town.

Adopted this 29th day of June, 2020.

NORTH CAROLINA ORANGE COUNTY

I, Katherine M. Cathey, Town Clerk, hereby certify that the foregoing is a true and accurate copy of the 2020‐21 Budget Ordinance which will be recorded in the Town of Hillsborough Minute Book.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the official corporate seal of said Town to be affixed, this the 29th day of June, 2020. ___________________________ Matt Hughes, Chair ___________________________ Jenn Weaver, Mayor ___________________________ Katherine M. Cathey, Town Clerk



Department: Planning/Econ Dev.


Date of Public Hearing: June 10, 2020


AGENDA ITEM #

3.D

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Shannan Campbell, Economic Development Planner ITEM TO BE CONSIDERED

Subject: Hillsborough Tourism Development Authority FY2021 Budget Ordinance

Attachment(s): 1. FY2021 Tourism Development Authority Budget 2. FY2021 Budget Ordinance

Brief Summary: The Hillsborough Tourism Development Authority, carefully considering the revenue projections as well as expenditures planned for the year, has drafted their proposed FY2021 budget. The board conducted a Public Hearing at their regular meeting on June 10.

Action Requested: Review and approve the Hillsborough Tourism Development Authority’s FY2021 Budget.

ISSUE OVERVIEW

Background Information & Issue Summary: The Tourism Development Authority promotes travel, tourism and conventions; sponsors tourism-related events; and finances tourism-related capital projects. The authority is responsible for administering the proceeds of a 3% room occupancy tax. At least two-thirds of the tax’s proceeds must fund travel and tourism promotion, with the remainder available for other tourism-related expenditures.



TOURISM DEVELOPMENT AUTHORITYRevenues FY19 FY20 FY21 $ %

Account Name Actual Estimate Budget Change Change Comments

Occupancy Tax 71,028 48,000 27,000 (21,000) ‐43.8%Fund Balance Appropriated 0 15,875 67,572 51,697 325.7%

Tourism Total 71,028$ 63,875$ 94,572$ 30,697$ 48.1%% Change 3.3% ‐10.1% 48.1%

Expenditures FY19 FY20 FY21 $ %Account Name Actual Estimate Budget Change Change Comments

OperationsAudit Fees 3,350 3,350 5,000 1,650 49.3%Attorney Fees 0 350 350 0 0.0%Conferences/Conventions/Training 772 0 0 0 0.0%Advertising 9,319 14,105 11,105 (3,000) ‐21.3%

Ad for Public Hearing on Budget 105 105

Ad Buys 3,000 4,000

WHUP Underwriting 3,000 3,000

Tourism Marketing Support/Photography 8,000 4,000

C.S. / Town of Hillsborough 12,000 24,000 18,927 (5,073) ‐21.1% Support Staff; salaries + benefits split: Data Processing Services 1,641 2,900 2,900 0 0.0% Planning‐40%, TDA‐20%, TB‐40%

Website Maintenance 2,500 2,500

Submittable Software 400 400 % of total cost shared with Tourism BoardInsurance 925 980 980 0 0.0%

Bond Insurance 180 180

Liability Insurance 800 800

Miscellaneous 238 1,000 1,000 0 0.0%Miscellaneous 1,000 1,000

Special Projects & Partnership Funding 19,579 15,750 53,500 37,750 239.7%RIver Park Concert Sponsorship (FY20) 3,000 0

TDA Mobile Stage Project (FY20/21) 0 40,000 Deferred in FY20 to FY21 ($40,000)Sundays in Hillsborough (FY21) 10,000 10,000

Parking Study Partnership (FY21) 0 0 Deferred for FY21 ($16,000)Miscellaneous 2,750 3,500

Holdback (3%) 0 1,440 810 (630) ‐43.8%Operations Subtotal 47,824 63,875 94,572 30,697 48.1%

Tourism Total 47,824$ 63,875$ 94,572$ 30,697$ 48.1%% Change ‐15.3% 33.6% 48.1%

Available Fund Balance 256,033$ 240,158$ 172,586$ Fund Balance as a % of Operating Expenditures 535.4% 376.0% 182.5%

BUDGET ORDINANCE

FISCAL YEAR 2020‐21 BUDGET ORDINANCE TOURISM DEVELOPMENT AUTHORITY

Be it ordained by the Board of the Hillsborough Tourism Development Authority, Hillsborough, North Carolina: SECTION I. GENERAL FUND: It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2020 and ending June 30, 2021:

Occupancy Tax $ 27,000 Fund Balance Appropriation 67,572

$ 94,572

The following amounts are hereby appropriated in the General Fund for the operation of the Tourism Development Authority and its activities for the fiscal year beginning July 1, 2020 and ending June 30, 2021 in accordance with the Chart of Accounts heretofore established for the Tourism Development Authority:

Tourism Development Authority $ 94,572

$ 94,572

SECTION II. OCCUPANCY TAX: The Town of Hillsborough will collect an Occupancy Tax and distribute the funds to the Tourism Development Authority to fund its operations. These funds are listed as “Occupancy Tax” revenues in the General Fund in Section I of the ordinance. SECTION III. BUDGET ORDINANCE: Copies of this Budget Ordinance shall be filed with the finance officer, budget officer and the clerk of the governing board of this town.


NORTH CAROLINA ORANGE COUNTY

I, Katherine M. Cathey, Town Clerk, hereby certify that the foregoing is a true and accurate copy of the 2020‐21 Budget Ordinance which will be recorded in the Town of Hillsborough Minute Book.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the official corporate seal of said Town to be affixed, this the 29thday of June, 2020. ___________________________ Matt Hughes, Chair ___________________________ Jenn Weaver, Mayor ___________________________ Katherine M. Cathey, Town Clerk



Department: Public Works


Date of Public Hearing:


AGENDA ITEM #

3.E

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Public Works Director Ken Hines ITEM TO BE CONSIDERED

Subject: CrowderGulf, LLC Disaster Debris Removal Contract

Attachment(s): 1. Draft RFP for disaster debris removal 2. CrowderGulf, LLC RFP cover letter 3. Draft Hillsborough contract with CrowderGulf, LLC

Brief Summary: Orange County and the towns of Hillsborough, Carrboro, and Chapel Hill jointly issued a Request for Proposals for disaster debris removal. Each properly responding company was scored by the county and towns; CrowderGulf, LLC was selected as the primary company to perform the requested services. The company has a fifty-year history of helping communities recover from disasters. In order to comply with FEMA regulations, the county and towns must enter into individual contracts with CrowderGulf, LLC.

Action Requested: Approve/disapprove entering into a contract with CrowderGulf, LLC for disaster debris removal and authorize the town manager to approve change orders if the contract not to exceed amount of $350,000 is insufficient.

ISSUE OVERVIEW

Background Information & Issue Summary: By having the contract with CrowderGulf, LLC executed, the response time would be improved when a FEMA declared disaster occurs requiring debris removal in Hillsborough. The initial contract term ends on Oct. 31, 2022 with an option to renew for two additional one-year periods.

Financial Impacts: Costs would be determined by the size and scope of the disaster; however, the town would seek reimbursement from FEMA which could be as much as 85% of costs.

Staff Recommendations/Comments: Approve contract with CrowderGulf, LLC.

Disaster Debris Clearance and Removal Services Bid: 5266, Orange County, North Carolina July 17, 2019 Page 1

REQUEST FOR PROPOSAL

Proposal No. 5266

Bid Title:

Disaster Debris Clearance and Removal Services

Date of Issue: July 17, 2019 Proposals Due: August 15, 2019

Time: 12:00 pm


Issued for: Orange County, NC

Carrboro, NC Chapel Hill, NC

Hillsborough, NC

Issued By: Orange County North Carolina Financial Services Department

200 S Cameron Street, PO Box 8181 Hillsborough, NC 27278

If you have received this Request for Proposal from a source other than the Orange County North Carolina Financial Services Department, it is the responsibility of the bidder to ensure that all addenda has been received. Bidders should email the Financial Services Department to ensure that your company is added to the distribution list. However, it is still the responsibility of the bidder to ensure that all addenda is received prior to submitting a bid/proposal. Email: [email protected]


Table of Contents Notice of Request for Proposals 4

Instructions for Proposals 6

1.0 Introduction 6

2.0 Desired Timetable 7

3.0 Requests for Interpretation 8

4.0 Submission of Proposals 8

5.0 General 9

6.0 Proposal Requirements 12

7.0 Local Government’s Consultant 14

8.0 Debris Management Sites 14

9.0 Tipping Fees 15

10.0 Payment 15

11.0 Scope of Work 16

Schedule 1 – Unit Rate Price Sheet 31

Schedule 2 – Hourly Equipment and Labor Price Schedule 36

Current Orange County Solid Waste Management Department Fees 37

Non-Collusion Affidavit 40

Certification Regarding Lobbying 41

Proposer’s Bid Certification Form 42

Certification Regarding Debarment and Suspension 43

Appendix A-Sample Contracts 44

TOWN OF CARRBORO-SAMPLE CONTRACT 44

TOWN OF CHAPEL HILL-SAMPLE CONTRACT 50

TOWN OF HILLSBOROUGH-SAMPLE CONTRACT 58

ORANGE COUNTY-SAMPLE CONTRACT 67


Notice of Request for Proposals

For Disaster Debris Clearance and Removal Services

For Orange County, NC

Town of Carrboro, NC Town of Chapel Hill, NC

Town of Hillsborough, NC

RFP: 5266 CATEGORY: Debris Removal Services PROJECT: Disaster Debris Clearance and Removal Services FROM: David Cannell, Purchasing Agent NOTICE DATE: July 17, 2019 SUBMISSION DATE: August 15, 2019 by 12:00 PM, EST This is a multi-jurisdiction solicitation to include the unincorporated area of Orange County and the incorporated towns of Carrboro, Hillsborough, and Chapel Hill, including the portion of Chapel Hill located within Durham County. Each entity will contract directly with the awarded Contractors should they choose to do so. Each of the four organizations listed above are herein referred to as the “Local Government.” The Local Government is requesting proposals from qualified contractors to provide disaster debris clearance, removal, reduction, and disposal services in the event of a natural disaster within the area. The award of a contract under this solicitation will be paid with federal funding. Funding is contingent upon compliance with all terms and conditions of funding award. All prospective contractors shall comply with all applicable federal laws, regulations, executive orders, FEMA requirements and the terms and conditions of the funding award. In addition, contractors providing submittals shall be responsible for complying with state law and local ordinances.


Prospective bidders may view the Request for Proposals attached below, and on the Local Government website Orange County (http://www.orangecountync.gov/Bids.aspx) Chapel Hill (www.townofchapelhill.org. Click on “Businesses” menu, then “Bid Notices” option, then the name of this project) and Carrboro (http://www.townofcarrboro.org/bids.aspx). All requests for interpretations related to this RFP must be submitted in writing to David Cannell, Purchasing Agent, at Orange County North Carolina Financial Services Department [email protected] by 12:00 pm (noon) on August 15 2019. All responses to timely submitted requests for interpretations will be published in the form of an addendum on the County’s website on XXXday, XXXXX, 2019. For questions on the bidding procedures, contact the Orange County North Carolina Financial Services Department at 919-245-2651 or [email protected] (preferred). Sealed proposals for Disaster Debris Clearance and Removal Services (the “Project”) are to be furnished to the Orange County North Carolina Financial Services Department on or before the specified time. The Local Government will in no way be responsible for delays caused by any occurrence. In order to be considered, all proposals must be submitted in writing no later than 12:00 PM (EST) on August 15, 2019. Contractors mailing proposal packages should allow delivery time to ensure timely receipt of their proposal. The responsibility for getting the proposal to the Orange County North Carolina Financial Services Department on or before the specified time and date is solely and strictly the responsibility of the proposing contractor. The County will in no way be responsible for delays caused by any occurrence. Proposals may be hand carried or mailed to:

Orange County North Carolina Financial Services Department Attention: David Cannell, Purchasing Agent

200 S Cameron Street, PO Box 8181, Hillsborough, NC 27278

Hours of Operation: 8:00 a.m. - 5:00 p.m. (EST) Monday through Friday Phone: (919) 245-2651

Email: [email protected] The Local Government reserves the right to reject any and all bids for any reason or no reason and to accept the bid most favorable to the Local Government. PUBLISHED: Date: August 17, 2019 Orange County website: www.orangecountync.gov State of NC Interactive Purchasing System website: www.ips.state.nc.us HUB Website: https://ncadmin.nc.gov/businesses/hub/events

http://www.orangecountync.gov/Bids.aspx

http://www.orangecountync.gov/departments/solid_waste_management/construction_and_demolition.php

http://www.sam.gov/

http://www.orangecountync.gov/

mailto:[email protected]

http://www.ips.state.nc.us/



Instructions for Proposals

For Disaster Debris Clearance and Removal Services

For Orange County, NC

Town of Carrboro, NC Town of Chapel Hill, NC

Town of Hillsborough, NC

BID: 5266 CATEGORY: Debris Removal Services PROJECT: Disaster Debris Clearance and Removal Services FROM: David Cannell, Purchasing Agent NOTICE DATE: July 17, 2019 SUBMISSION DATE: August 15, 2019 by 12:00 PM, EST

PLEASE READ ALL INSTRUCTIONS CAREFULLY BEFORE PREPARING AND SUBMITTING YOUR BID

All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid. 1.0 Introduction

Orange County is located between the Research Triangle Park and the Triad cities of Greensboro, Winston-Salem and High Point. With more than 130,000 residents, Orange County includes historic Hillsborough, the county seat; Chapel Hill, home of the University of North Carolina; and Carrboro and a portion of Mebane,


both former railroad and mill towns. The County encompasses 400 square miles of rolling farms and forest, vital urban centers and small towns.

The Local Government is requesting proposals from experienced and qualified contractors to provide emergency disaster recovery services including, but not limited to, clean-up, demolition, removal, reduction and disposal of debris resulting from a natural or manmade disaster as directed by the Local Government.

The Local Government will enter into contracts with no committed immediate or annual cost to the Local Government, and will activate the contract as needed.

The Local Government may enter into two (2) contracts: one with a “Primary” contractor and the other with a “Secondary” contractor. The “Primary” contractor will be on a first contact basis for all disasters and emergencies that may require debris removal, reduction, disposal or other cleanup activities. The “Secondary” contractor will serve as a backup to the Primary for any disaster or emergency that may be of a scale larger than one company would be capable and equipped to handle. The Local Government will reserve the right to decide, at the guidance and recommendation of the Local Government Manager or his designee, when and if the “secondary” contract will be activated.

The Local Government has not activated a contract for debris clearance and removal services in recent memory and does not have a recent bid tab for debris clearance and removal services for review. Orange County does have a debris management plan which has been submitted to the State for approval, a copy of which is attached.

Responding contractors must, at a minimum, have performed at least three (3) debris removal, reduction, and disposal operations in excess of 150,000 cubic yards and provide references for the communities where these operations took place. Contractors will need to be licensed to do business in North Carolina and certify that they are not included on the debarred FEMA list. It is intended that the successful bidder shall furnish all tools, equipment, machinery, apparatus, labor and materials necessary to complete all work required under the terms of such contract(s) as may be entered into. The Local Government is seeking to enter into an agreement for three years with the option to extend for two additional one-year periods with two contractors to provide the services contained within this RFP.

2.0 Desired Timetable

A. RFP Issued ------------------------ 2019 B. Written Questions due -------------------------2019 C. Responses to questions -------------------------2019 D. Submittals due -------------------------2019 E. Evaluation period -------------------------2019 F. Anticipated Contract Award ---------------------------2019

*All times above are Eastern Standard Time. Please contact David Cannell, Purchasing Agent, at Orange County North Carolina Financial Services Department at [email protected] if you anticipate challenges meeting this timetable.



3.0 Requests for Interpretation All questions pertaining to this RFP must be submitted in writing no later than 12:00 PM on August 7, 2019.

Written questions should be emailed to: [email protected].

All responses to timely submitted requests for interpretations will be published in the form of an addendum of the County’s website at http://www.orangecountync.gov/bids.aspx

4.0 Submission of Proposals

A. Deadline: Mail one (1) original hardcopy. Proposals shall be sealed and marked “RFP # 5266, Disaster Debris Clearance and Removal Services.” Sealed proposals must be received by 12:00 PM EST, on,August 15, 2019, at the office of David Cannell, Purchasing Agent, at Orange County North Carolina Financial Services Department, 200 S. Cameron Street, PO Box 8181, Hillsborough, NC 27278. Although not required, the vendor may also submit one (1) electronic copy (pdf format) for staff convenience by email to [email protected] with “Disaster Debris Clearance and Removal” in the subject line.

B. Addenda: Each Proposer is responsible for determining that all addenda issued by the Orange County

Purchasing Agent have been received before submitting a proposal. All such addenda shall become part of the contract and all Bidders shall be bound by such addenda.

C. Identification: Bids shall be enclosed in a sealed envelope addressed to David Cannell, Purchasing

Agent, Orange County North Carolina Financial Services Department, 200 S. Cameron Street, PO Box 8181, Hillsborough, NC 27278 and should be clearly marked “RFP 5266, Disaster Debris Clearance and Removal Services”.

D. Time is of the essence: Any proposal received after the announced time and date for submittal,

whether by mail or otherwise, will be rejected. It is the sole responsibility of the contractor for ensuring that their proposal is received by the Purchasing and Contracts Manager before the deadline indicated above. The Orange County North Carolina Financial Services Department will in no way be responsible for delays caused by any occurrence.

E. Preparation of Response: The contractor’s proposal should be prepared simply and economically and should provide all the information which it considers pertinent to its proposal and qualifications for the work to be performed. Proposals shall be submitted on the forms included with the bid documents. Any interlineations, alterations or erasures must be initialized by the signer of the proposal.

There is no page limit to the RFP; however, to allow for a timely review process, please submit only requested and relevant information.

F. Propriety Information: Trade secrets of proprietary information submitted by a proposer, in connection

with a procurement transaction shall not be subject to the public disclosure under the NC Public

http://www.orangecountync.gov/bids.aspx





Records Law. However, the proposer or offeror must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data on other materials to be protected and state the reasons why protection is necessary.

Each individual page shall be identified in boldface at the top as "CONFIDENTIAL" in a font size of 14 or larger. Any section of the proposal that is to remain confidential shall also be so marked in boldface on the title page of that section along with each individual page within that section. Cost information and any other public information may not be deemed confidential; therefore, it is requested that only the necessary confidential pages be marked.

G. Binding: Submittals must include the proposer’s bid certification form (contained within) signed by an

authorized representative of the company to legally bind the offer. All proposals submitted without such signature may be deemed non-responsive.

H. Miscellaneous: Nothing herein is intended to exclude any responsibilities or in any way restrain or restrict competition. All contractors are encouraged to submit proposals. The Local Government reserves the right to waive any informalities and to reject any and/or all proposals. In addition, the Local Government reserves the right to cancel a solicitation at any time prior to the award of a contract.

I. Performance & Payment Bond: Awarded Contractor(s) will be required to furnish a performance and

payment bond in an amount of 100% of the contract cost within ten (10) days after the contract has been activated and a Notice to Proceed has been issued by the Local Government. The contract amount will be determined at the time of the event due to the severity of the storm. The performance and payment bond shall continue throughout the Services and for one year after the full scope of work is completed. Bonds shall be submitted to the Local Government Purchasing and Contracts Manager.

The Performance Bond and the Payment Bond shall be executed by one or more surety companies legally authorized to do business in the State of North Carolina and shall become effective upon activation of contract and issuance of a Notice to Proceed by the Local Government. The surety bonds must be in the form set forth in N.C.G.S. 44A-33 without any variations there from or in any other form authorized by N.C.G.S. The Contractor will be solely responsible for any costs associated with obtaining bonds; bond premiums will not be reimbursed by the Local Government.

In addition, the successful proposer(s) will be required to submit a verification letter annually from the surety confirming that the contractor is able to provide a payment and performance bond.

5.0 General

A. Time for Consideration: The Local Government shall have a period of one hundred twenty (120) calendar

days from due date of the proposals in which to award the contract. The Proposer shall be bound by their proposal during that time. A company may withdraw a proposal by written request prior to the date and time of the proposal opening or after the 120-day time for consideration if a contract has not been awarded.


B. Evaluation of Submittals: Evaluation factors have been identified in Section 6. “Proposal Requirements.” Proposals will only be evaluated on the factors included within this RFP. A committee will evaluate all responses received by scoring them on the weighted system provided.

The evaluation committee will be comprised of County and Town personnel and may include committee

members from the Local Government’s independent Consultant for monitoring and oversight.

C. Contract Award: The Local Government may enter into two (2) contracts: one with a “Primary” contractor and the other with a “Secondary” contractor. The “Primary” contractor will be on a first contact basis for all disasters and emergencies that may require debris removal, reduction, disposal or other cleanup activities. The “Secondary” contractor will serve as a backup to the Primary for any disaster or emergency that may be of a scale larger than one contractor would be capable and equipped to handle. Award shall be made to the contractors whose proposal is determined to be the most advantageous to the Local Government, taking into consideration the contractor’s qualifications, experience, mobilization and operational plans, and price. Estimated quantities (determined by the Local Government) will be used in the evaluation of the unit price schedule. Consideration shall also be given to the company’s integrity, compliance with public policy, record of past performance, references, and financial and technical resources.

D. Contract Term: The contracts shall be for an initial term of three years with an option to renew for two

additional one year periods, upon written mutual consent of all parties. This contract shall only be used on an “as needed” basis as determined solely by Local Government.

E. Contracting with small and minority businesses, women’s business enterprises, and labor surplus area companies: The Local Government encourages all businesses, including minority, women-owned businesses to respond to all Request for Proposals. In addition, if subcontracts are let, the awarded contractor must ensure that the necessary affirmative steps are taken:

a. Place qualified small, minority, and woman-owned businesses on solicitations lists; b. Assure that such businesses are solicited when they are potential sources; c. Divide total requirement, when economically feasible, into smaller tasks or quantities to permit

maximum participation by such businesses; d. Establish delivery schedules, where requirements permit, which encourage such businesses to

respond; e. Use service and assistance from such organization as SBA, minority business development agency

of the Department of Commerce;

Contractors shall include these special provisions in all subcontracts for this contract. Failure on the part of the Contractor to carry out the requirements set forth in the special provision may constitute a breach of contract and after proper notification may result in termination of the contract or other appropriate remedy.


F. Debris Manager: The Local Government Debris Manager will be designated by the Local Government and may include a third party representative from the Local Government’s consulting firm. It is anticipated that the Local Government Debris Manager will work directly with the Contractor.

G. Activation of Contract: Should the contracts be activated, fees will be estimated based off the initial

assessment of damages occurred. The Local Government Debris Manager in consultation with State and FEMA officials will determine the fee schedules to be used at the time of activation of the contracts.

H. Funding Source: Payment for services under contract by this solicitation may be paid with federal funding.

Funding is contingent upon compliance with all terms and conditions of funding award. The selected Contractor(s) shall comply with all applicable federal laws, regulations, executive orders, FEMA requirements and the terms and conditions of the funding award.

I. Compliance by Awarded Contractor: The awarded contractors shall comply with all applicable federal

laws, regulations, executive orders, FEMA requirements, specifically 2 CFR, Part 200, and the terms and conditions of the funding award. In addition, contractors providing submittals shall be responsible for complying with state law and local ordinances.

J. Certification of Proposer Regarding Debarment: By submitting a proposal under this solicitation, the

Contractor certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

K. Form of Contracts. The contracts to be awarded as a result of this RFP will be in substantially the same

form and content as the sample contracts for each Local Government included in Appendix A included in this bid package. In the event that additional terms and conditions are proposed to be attached to said contract, there shall be none of the following unless Local Government’s express prior written agreement is obtained: (i) any limitation on, or disclaimer of, implied or express warranties or the liability of Contractor; (ii) any limitation on damages, including a limitation on consequential damages; (iii) any requirement for arbitration or for mandatory mediation; (iv) any requirement that Local Government officials or employees keep information confidential or that records be kept confidential by the Local Government, unless the requirement for confidentiality meets the requirements of the North Carolina Public Records law.

L. Insurance Provisions: The successful bidder shall procure and maintain during the life of the contract the

Insurance Provisions as outlined in the attached sample contracts for each Local Government included in Appendix A.

M. Quality of Work. All work performed shall be strictly of the best quality of their respective kinds and

suitable for the use intended, subject to approval by the Local Government. All equipment and tools shall be clean and in good working order. All workers shall be qualified in the work assigned and to operate equipment or machinery as directed.


6.0 Proposal Requirements

In order to evaluate responses efficiently and equitably, responses must be submitted as identified below. Failure to submit this information may render your proposal non-responsive. Each respondent shall provide the following information:

Section 1: Introduction: Company Information

• Company name and business address, including telephone, email address, website address. • The type of company (individual, partnership, corporation, etc.) and list the names of all partners,

principals, etc. • Year established. Include former company name(s) and year(s) established, if applicable. • The name, title, address, and telephone number of the company’s authorized negotiator. The person

identified must be empowered to make binding commitments for the company.

Section 2: Bonding • Performance and Payment Bonds

Section 3: Technical experience (*Weighted) • This section shall include contractor’s debris volume estimates with backup documentation as to how

the contractor determines its estimates.

Section 4: Qualifications: Training and professional experience (*Weighted)

• List any professional training and experience, especially in relation to the type and magnitude of work required for the particular scope of services.

• Provide a copy of contractor’s safety program. This may be provided under separate cover or as a link to access this information.

Section 5: Existing Contracts • List the number of existing disaster debris removal contracts with other agencies. • Provide a list of all existing debris removal/hauling contracts. • Provide an explanation of how the Contractor will fulfill this contract if several entities are affected by

the same disaster and the Contractor has existing contracts for debris clearance and removal in place with those entities. If this situation were to arise, how will the Contractor assure the Local Government that they will provide service here and not go to another location that has more damage?

Section 6: References (*Weighted) • References from existing contracts and/or past clients (must include references from the successful

completion of three (3) debris removal projects in excess of 150,000 cu yds.)


Section 7: Financial Resources (*Weighted) • A copy of the most recently audited financial statement or Dun and Bradstreet statement if sole

proprietor. This page should be marked as “Confidential,” and it will be kept confidential to the extent allowed under the NC Public Records Act.

Section 8: Resources (*Weighted) • Detailed listing of Contractor’s equipment and resources

Section 9: Plan of Action (*Weighted)

• A debris management and response plan of action (mobilization and operations plan) • List of locations/offices that Contractor will stage from prior to the storm and estimated length of time

for arrival in Local Government once event has occurred.

Section 10: Drawings

• Preliminary construction drawings for OSHA compliant temporary inspection towers

Section 11: Forms

• Schedule1 – Unit Rate Price Schedule (on provided forms) • Schedule 2 – Hourly Equipment and Labor Price Schedule (on provided form) • Non-Collusion Affidavit (on provided form) MUST BE NOTARIZED • Proposer’s Bid Certification Form (on provided form) MUST BE NOTARIZED • Certification Regarding Debarment and Suspension (on provided form) • Certification Regarding Lobbying (on provided form)

Section 12: Exceptions (*Weighted)

• Exceptions to the Sample Contracts for Each Local Government included in Appendix A. Attached in Appendix A are sample contracts for each Local Government that describes the Local Government’s contractual terms and conditions. Each successful contractor will be required to enter into a contract with each Local Government. These sample service agreements do not need to be submitted with the proposal. The federal government requires certain terms and conditions when federal funding is involved, which the Local Government is NOT able to negotiate. Therefore, any exceptions to the sample contracts must be documented and submitted with your response. These exceptions will be reviewed during the evaluation process.

• Exceptions to the Scope of Services. Any and all exceptions/deviations to the required Scope of Services shall be documented on a separate page and submitted in this Section.


• Litigation. Provide information concerning any pending, ongoing, or prior litigation within the last 10 years.

Section 13: Other Requirements (*Weighted) • A statement of the contractor’s familiarity and experience with FEMA’s Public Assistance Program

including all Alternative Procedures Pilot Programs for Debris Removal and applicable laws, rules, and regulations.

• An outline of the contractor’s willingness and ability to utilize local contractors and their general requirements for doing so. This includes the contractor’s use of women and minority owned businesses to provide services.

•

CRITERIA FOR EVALUATION AND AWARD

The successful Proposer will be selected based upon the best overall proposal offered to the Local Government taking into consideration price, qualifications, technical experience, and other factors such as, but not limited to, past experience working with FEMA’s Public Assistance Program, financial standing, references, and any Exceptions to the Scope of Work and Contract terms. The Local Government will use the following criteria and weight to determine the best response.

CRITERIA WEIGHT Price 50% Qualifications/Resources 30% Technical 10% Other 10%

Pricing is evaluated on a line item review. The 50% weight applies to both schedule 1 and schedule 2, attached.

7.0 Local Government’s Consultant

The Local Government may contract with an independent firm to provide professional consulting services in disaster management and recovery. This Consultant will assist the Local Government in disaster debris monitoring in the event a contract is activated. In addition, the Consultant will oversee the project and ensure that the contractors are using the appropriate forms required by federal agencies.

8.0 Debris Management Sites (“DMS”)

Orange County has pre-identified DMS locations. These locations should be used by the contractor in determining hauling costs per item in this bid. Pre-identified DMS locations in Orange County, North Carolina are as follows:


Name Address City Zip Acres Lat. Long

* Millhouse Rd Site

Across from Town of Chapel Hill Public Works (6850 Millhouse Rd)

Chapel Hill 27516 14.9 35.977589 -79.077101

* Mincey Rd Site

Mincey Rd, east of Hwy 57

Hillsborough 27278 5.28 36.144120 -79.052443

Eubanks Rd Landfill Site

1514 Eubanks Rd

Chapel Hill 27516 4.9 35.973873 -79.078195

* = Primary sites. All others are secondary for extreme events.

The Local Government welcomes input from the Contractors regarding other locations for potential DMS and final disposal sites.

Local Government does not warrant or guarantee the availability or use of any dump sites. Contractor must coordinate directly with owners of all final disposal sites. All final disposal sites must be approved, in writing, by the Local Government Debris Manager. The Local Government will maintain ownership of all reduced and unreduced debris assigned to the Contractor for removal until the debris reaches the final disposal site. The Contractor will, at no time, take ownership of the debris unless approved, in writing, by the Local Government Debris Manager.

9.0 Tipping Fees

Payment for disposal costs such as tipping fees incurred by the Contractor at permitted disposal facilities, or other Local Government approved sites that meet local, state, and federal regulations for disposal, will be made at the cost incurred by the Contractor. Disposal costs for tipping fees must be submitted to the Local Government for review and approval prior to the Contractor disposing of debris at such final disposal sites or landfills. The types of debris that may incur disposal costs must also be submitted to the Local Government for review and approval. Contractor must furnish a copy of the invoice received by the disposal facility, all scale or load tickets issued by the disposal facility, and proof of Contractor payment to the disposal facility. Tipping fees need to be listed as a separate item on all tickets/invoices. The contractor and hauler must charge the current rate for tipping fees; no markup (profit) is authorized for tipping fees. Tipping Fees will not be waived by the Local Government. Orange County’s current fees are attached.

10.0 Payment

The Local Government Debris Manager will monitor, verify, and document with load tickets the completion of


all work, as defined in the scope. The Contractor will be provided with copies of this documentation. These documents will be used by the Contractor as back-up for invoice submittals. No approvals will be made for work not ticketed or not authorized by the Local Government.

Invoices must be submitted to the Local Government with a hard copy of the invoice and an electronic copy of the invoice detail. The invoice detail must consist of a tabular report listing all information on each load ticket. Invoice detail submittals will be checked against Local Government records. Local Government records are the basis of all payment approvals.

A 10% retainage will be held until the end of the project. In order to recover the retainage, the Contractor must successfully complete all work zones. Retainage will be held until final reconciliation is complete. Portions of the retainage may be held by the Local Government to repair damages caused by the Contractor to public or private property. No separate payment will be made for mobilization and demobilization operations. These costs are to be included in the respective unit prices bid for debris removal and will not be adjusted based on the total amount of debris actually removed in the contract. Payment for disposal cost incurred by the Contractor at permitted disposal facilities will be made at the cost incurred by the Contractor. Contractor must submit a copy of the invoice received by the disposal facility, an electronic copy tabulating all scale or load tickets issued by the disposal facility, and proof of Contractor payment to the disposal facility. Contractors must submit invoices regularly by the end of each month for services performed. Invoices cannot be turned in for more than a 30-day period. Contractor must submit final invoice within thirty (30) days of completion of scope of work. Completion of scope of work will be acknowledged, in writing, by the Local Government Debris Manager. The Contractor shall bill and the Local Government shall pay the unit prices set forth therein. Payment will be made by the Local Government within thirty (30) days of receipt of an accurate invoice, approved by the by the Contract Coordinator.

11.0 Scope of Work

General: Work shall consist of clearing and removing any and all eligible debris as defined by the Federal Emergency Management Agency (“FEMA”) Public Assistance Policy and Guidance, latest version, all applicable State and Federal Disaster Specific Guidances (“DSGs”) and policies, and as directed by the Local Government Debris Manager. Work will include 1) examining debris to determine whether or not debris is eligible, burnable or non-burnable, 2) loading the debris, 3) hauling the debris to an approved Debris Management Site “DMS” or landfill, 4) reducing the debris, 5) hauling the debris to an approved disposal facility, and 6) properly disposing the debris at the DMS or landfill. Debris not defined as eligible by the Public Assistance Policy and Guidance (latest version) or State or Federal DSGs or policies will not be loaded, hauled, or dumped under this contract unless written instructions are given to the Contractor by the Local Government Debris Manager.


Contractors shall also provide disaster recovery technical program management assistance relating to reimbursement of eligible damage costs from federal and state agencies when available to Local Government’s officials. Selected contractors will be subject to constant observation by Local Government’s debris monitoring staff. This staff, which may include a contracted specialist along with staff from other government entities, will ensure debris removal efforts are within Public Assistance guidelines and in compliance with all applicable Federal, State, and local regulations. While intended for debris removal after any disaster, the primary focus for this work is debris generated by storms. To provide a non-committal estimate of potential contract scope, the U.S. Army Corps of Engineers “Hurricane Debris Estimating Model” was used to predict debris amounts.

These estimates are based on the U.S. Army Corps of Engineers planning formula using a Category 3 Hurricane including a wet pre-storm with heavy vegetation and medium commercial multipliers. This is provided as an example only. They are not exact and should not be so construed. It will be the responsibility of the CONTRACTOR in conjunction with the DEBRIS MANAGER at the time of the event to make an actual determination.

Formula: Q = H(C)(V)(B)(S) = Quantity of Debris in Cubic Yards

Carrboro:

H = P/3 = 20,000/3 = 6,667 (3 persons/household)

C = 26 (Factor for a Category 3 storm)

V= 1.5 (Multiplier for heavy vegetation)

B= 1.2 (Multiplier for medium commercial due to schools/stores/apartments)

S= 1.3 (Multiplier for wet storm event)

Q = 405,620 cubic yards

30% Clean Woody Debris = 121,686 cubic yards

70% Mixed C&D = 283,934 cubic yards

Chapel Hill:







Q = 1,196,540 cubic yards



Hillsborough:






Q = 149,362 cubic yards



Orange County:

H = P/3 = 144,000*/3 = 48,000 (3 persons/household) [*Population number includes total population for entire County, including municipal jurisdictions.]





Q = 2,920,320 cubic yards



70% Mixed C&D = 2,044,224 cubic yards

All costs associated with the documentation and recovery process shall be included in Contractor’s pricing in the Schedules attached. Proposers shall have proven experience with overall management and FEMA requirements including alternative procedures that may be available under pilot programs as well as all rules and regulations to qualify for this scope of work.

Any and all permits that are necessary for the disposal of storm debris will be the contractor’s responsibility to obtain in a timely manner.

Contractor should adhere to applicable FEMA and other federal policies in place at the time of contract activation. Contracts funded with federal grant or loan funds must be procured in a manner that conforms with all applicable Federal laws, policies, and standards, including those under the Uniform Guidance (2 CFR Part 200).

Description of Designated Area: The designated area for debris removal is bounded by the limits of the Local Government and includes all public rights-of-way (ROWs), easements, Local Government parks, and alleys. Debris removal performed on roadways will be performed as identified by the Local Government Debris Manager.

Carrboro: There are approximately 47 center line miles of Town of Carrboro maintained roads and 20 center line miles of state maintained roads within the designated area. It is anticipated that if the NC DOT is performing road clearing on state maintained roads (primary and secondary), then the Town of Carrboro will not activate our contracts for road clearance on NC DOT roads. The Town of Carrboro does not have a pre-existing memorandum of understanding with NC DOT for clearing NC DOT roadways in lieu of the NC DOT.

Chapel Hill: There are approximately 165 center line miles of Town of Chapel Hill maintained roads and 67 center line miles of state maintained roads within the designated area. It is anticipated that if the NC DOT is performing road clearing on state maintained roads (primary and secondary), then the Town of Chapel Hill will not activate our contracts for road clearance on NC DOT roads. The Town of Chapel Hill does not have a pre-existing memorandum of understanding with NC DOT for clearing NC DOT roadways in lieu of the NC DOT.

Hillsborough: There are approximately 36 center line miles of Town of Hillsborough maintained roads and 13 center line miles of state maintained roads within the designated area. It is anticipated that if the NC DOT is performing road clearing on state maintained roads (primary and secondary), then the Town of Hillsborough will not activate our contracts for road clearance on NC DOT roads. The Town of Hillsborough does not have a pre-existing memorandum of understanding with NC DOT for clearing NC DOT roadways in lieu of the NC DOT.

Orange County: There are approximately 836 NC DOT maintained road miles in Orange County. Orange County has a current memorandum of understanding with NC DOT authorizing the County to request release of certain NC DOT maintained roads within the County for the purpose of


vegetative debris removal during a federally declared event. See Orange County Debris Management Plan for additional information.

All debris identified by the Local Government Debris Manager shall be removed. The Contractor shall make multiple complete passes through the Local Government, removing all debris along each street right-of-way. Partial removal of debris piles is strictly prohibited. The Contractor shall not move from one designated work area to another designated work area without prior approval from the Local Government or its representative. Any eligible debris, such as fallen trees, which extends onto the ROW from private property shall be cut at the point where it enters the ROW and that part of the debris which lies within the ROW shall be removed. The Contractor shall not enter onto private property during the performance of this contract unless specifically authorized by the Local Government Debris Manager, in writing. No FEMA ineligible debris shall be hauled from the designated area.

Contractor shall deliver debris to disposal sites that have been permitted to receive storm generated debris and adhere to all state, local, and federal regulations.

Debris shall be reasonably compacted into the hauling vehicle. No limbs shall be allowed to protrude more than 6” beyond the sides of the truck bed. Any debris extending above the top of the bed shall be secured in place so as to prevent it from falling off. Measures must be taken to avoid the blowing of debris out of the hauling vehicle during transport to the disposal site.

All debris shall be mechanically loaded and reasonably compacted into the trucks and trailers. Hauling vehicles that are hand loaded or that require mechanical assistance for dumping will not be permitted to dump at the DMS, unless approved in advance by the Local Government Debris Manager.

Loose leaves and small debris in excess of one bushel basket shall be removed within the designated area. No debris shall be left on the road surface. No single piece of debris larger than six inches (6”) in any dimension shall be left on site. Hand crews and rakes will be required.

Contractor will provide an on-site Project Manager to the Local Government and the Local Government Debris Manager. The Project Manager shall provide a telephone number to the Local Government with which he or she can be reached for the duration of the project. The Project Manager will be expected at daily meetings with the Local Government Debris Manager and/or Local Government Debris Manager representatives. Daily meeting topics will include, but not limited to, volume of debris collected, completion progress, Local Government coordination, and damage repairs. Frequency of meetings may be adjusted by the Local Government Debris Manager. Contractor Project Manager or designee must be available 24 hours a day, or as required by the Local Government Debris Manager.

Documentation and Measurement: Prior to beginning any work, the Local Government, or its representative, shall clearly number each truck hauling debris or piece of equipment loading debris. All vehicles must be certified by the Local Government, or its representative, prior to debris collection. If a vehicle is working under multiple contracts or for multiple communities, it must be re-certified by an authorized Local Government representative each time it returns to work from other contracts or communities.

Contractor is responsible for ensuring that all subcontractors maintain valid driver’s licenses and equipment legally fit for travel on the road.


“Load tickets” will be provided by the Local Government or its representative at the loading site for recording volumes of debris removal. Each ticket shall be of a type that consists of one original and four carbon-copy duplicates.

Load tickets will be issued by an authorized representative of the Local Government at the loading site. The Local Government representative will keep one copy of the ticket, and give four copies to the vehicle operator. Upon arrival at the dumpsite, the vehicle operator will give the four copies to the Local Government representative at the dumpsite. Trucks with less than full capacities will be adjusted down by visual inspection. This determination will be made by the Local Government representative present at the dumpsite. The Local Government representative will validate, enter the estimated debris quantity, and sign the tickets. The Local Government will keep the original copy and the three remaining duplicate copies will be returned to the vehicle operator for the Contractor’s records.

Recent technological advancements have allowed for electronic or automated documentation of debris removal. The use of an Automated Debris Management System (ADMS) is at the discretion of the Local Government and its authorized representatives. The successful proposer should be prepared to manage a debris removal operation that is documented using both paper based and electronic systems.

The Contractor shall give written notice of the location for work scheduled 24 hours in advance.

Equipment: All trucks and other equipment must be in compliance with all applicable federal, state, tribal, and local rules and regulations. Any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment and be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity.

Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating conditions. The sideboards are to be constructed of two inch (2”) by six inch (6”) boards or greater and not to extend more than two feet (2’) above the metal bedsides. In order to ensure compliance, equipment will be inspected by authorized Local Government representatives prior to its use by the Contractor.

Trucks or equipment designated for use under this contract shall not be used for any other work during the working hours of this contract. The Contractor shall not solicit work from private citizens or others to be performed in the designated work area during the period of this contract. Under no circumstances will the Contractor mix debris hauled for others with debris hauled for the Local Government.

Equipment used under this contract shall be rubber-tired and sized properly to fit loading conditions. Excessive size equipment (100 CY and up) and non-rubber tired equipment must be approved for use on the road by the Local Government Debris Manager.

Hand loaded vehicles are prohibited unless pre-authorized, in writing, by the Local Government Debris Manager, following the event. All hand-loaded vehicles will receive an automatic 50% deduction for lack of compaction.

Use of Local Resources: The Contractor shall give first priority to utilizing resources located within the disaster


or emergency area.

Working Hours: Typically, working hours will be Monday through Saturday, 7:00 AM through 7:00 PM, and Sunday, 1:00 PM through 7:00 PM. Hours may vary depending on the nature of the event.

Safety: Contractor shall be solely responsible for providing and maintaining a safe work environment at all work sites. Contractor shall take all reasonable steps to insure safety for both workers and visitors to the site(s) to include traffic control. Contractor will also be solely responsible to ensure that all OSHA requirements are met and a safety officer is assigned to the project during the duration of this contract. All work shall be accomplished in a safe manner in accordance with EM 385-1-1 (U.S. Army Corps of Engineers, Safety and Health Requirements).

Traffic Control: The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. The Contractor shall mitigate impact on local traffic conditions to all extents possible. The Contractor is responsible for establishing and maintaining appropriate traffic control in accordance with the latest Manual of Uniform Traffic Control Devices. The Contractor shall provide sufficient signing, flagging and barricading to ensure the safety of vehicular and pedestrian traffic at all debris removal, reduction and/or disposal site(s). All barricades, warning signs, lights, temporary signals, other protective devices, flagmen and signaling devices used under the performance of this work shall conform to the minimum requirements as set out in the Manual on Uniform Traffic Control Devices for Streets and Highways, Part VI, prepared by the National Joint Committee on Uniform Traffic Control Devices.

Contractor shall provide qualified flagmen where necessary to direct the traffic and shall take all necessary precautions for the protection of the work, and the safety of the public.

Work Safety: The Contractor shall provide and enforce a safe work environment as prescribed in the Occupational Safety and Health Act of 1970, as amended. The Contractor will provide such safety equipment, training and supervision as may be required by Local Government. The Contractor shall ensure that its subcontracts contain a similar safety provision.

The Contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the Contractor's personnel and equipment is the responsibility of the Contractor to include maintaining all OSHA safety records and inspections as may be required for this type of service. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract.

The Contractor shall be responsible for installing site security measures and maintaining security for the operation at the site.

The Contractor shall be responsible for fire protection and shall manage the site to minimize the risk of fire.

Damage to Public or Private Property: Contractor is responsible for all damage, injury, or loss to any property caused by the Contractor’s debris removal activities/operations.

Contractor shall restore all disturbed areas to their original condition, including re-grading, use of rye grass


and permanent grass, and any other means determined to be necessary.

Contractor failure to restore damage to public or private property to the satisfaction of the Local Government will result in the Local Government withholding retainage money in an amount sufficient to make necessary repairs.

Existing Utilities: Some trees and debris which are to be removed under this contract may be blocked or entangled with overhead power, telephone, and television cables. In this case, it shall be Contractor’s responsibility to coordinate directly with the utility owners to arrange for the removal of the debris without damage to the overhead utility lines. Contractor shall pay all such costs to the utility company for any adjustments for damages caused by Contractors debris removal activities/operations.

Contractor shall make the necessary repairs or pay all costs incurred to repair damaged utilities, as determined by the affected utility company.

The following is a list of utility owners believed to have facilities in the project area:

Orange County Water & Sewer Authority (OWASA) (919) 968-4421 Duke Energy (800) 777-9898 PSNC (877) 776-2427 AT&T (800) 432-1424 Spectrum (Cable) (919) 595-4892

This list is included for the Contractor’s reference and is not intended to be a comprehensive list of all utility owners.

Environmental Protection: All chemicals of whatever nature used during project construction or furnished for project operation must show EPA or USDA approval certification. Their use and disposal of all residues shall be in strict compliance with instructions.

The Contractor shall, at its own expense, ensure that noise and dust pollution is minimized to comply with all local and state ordinances and the approval of the Local Government Debris Manager. Contractor shall comply in a timely manner with all directions of the Local Government Debris Manager regarding the use of a water truck or other approved dust abatement measures.

The Contractor shall comply with all laws, rules, regulations and ordinances regarding environmental protection.

A. Emergency Road Clearance

Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to clear and remove debris from the Local Government’s primary transportation routes/roadways to make them passable immediately following a declared disaster event. All roadways designated by the Local Government Debris Manager shall be clear and passable within a reasonable period of time from the issuance of a Notice to Proceed from the Local Government to conduct emergency roadway clearance work. Clearance


of these roadways will be performed as identified by the Local Government Debris Manager.

B. Debris Processing

All debris processing shall include, but not be limited to: reduction by tub grinding or chipping and/or incineration when approved by Local Government. Prior to reduction, all debris shall be segregated between vegetative and clean, woody debris; construction and demolition debris; white goods; recyclable debris and household hazardous wastes. Debris collected by Contractor at right-of-way may, with written approval of the Local Government, be hauled directly to the nearest lawfully permitted landfill, bypassing the DMS.

C. Debris Removal from Public Property

Work consists of removal of vegetative debris, construction and demolition debris (“C & D Debris”), or other debris from public right-of-way and other public properties. Work may consist of removal of debris beyond the limits of public rights-of-way as necessary to abate imminent and/or significant threats to public health and safety of the community, when directed by Local Government.

D. Right-of- Way Vegetative Debris Removal

Vegetative debris existing in the Local Government right-of-way is defined as debris resulting from a storm or disaster which has been or will be placed along public rights-of-way, easements, Local Government parks, alleys, and Local Government debris staging areas. This includes, but is not limited to:

• Damaged and disturbed trees, tree limbs, bushes, shrubs, brush, untreated lumber and wood products.

• Uprooted trees and/or stumps, tree root balls, trunks, limbs, branches, bags of leaves, and piles of leaves larger than a bushel basket.

• Broken tree limbs on trees which measure more than two inches in diameter at the point of break.

• Remains of standing trees which are damaged beyond salvage.

Work shall consist of all labor, equipment, fuel, and miscellaneous costs to pick up and transport vegetative debris existing in the Local Government right-of-way to a Local Government approved DMS or other designated disposal facility.

Cranes may be required for removal of large trees and stumps. Chain saw crews may be required to cut up large trees and stumps.

Vegetative debris which is piled in immediate close proximity to the actual legal street right-of-way, and which is accessible from the right-of-way line with loading equipment (i.e., not behind a fence or other physical obstacle) will be deemed to be on the right-of-way, and is to be removed.

Removal of vegetative debris in Local Government rights-of-way will be performed as identified by the Local Government Debris Manager.

E. Right-of-Way Construction and Demolition (C&D) Debris Removal


C&D debris existing in a Local Government right-of-way is defined as debris resulting from a storm or disaster which has been or will be placed along public rights-of-way, easements, Local Government parks, alleys, and Local Government debris staging areas. This includes, but is not limited to: • Building materials, including wood structural members, concrete blocks, window glass, siding, and

roofing materials including shingles or metal roofing panels. • Household debris, consisting of damaged furniture and appliances, flooring materials, and the like. • Treated timber, plastic, rubber products, sheet rock, cloth items, and carpeting materials. • Metal Debris – Various thicknesses of corrugated metal and other thin sheet metal products. Work shall consist of all labor, equipment, fuel, and miscellaneous costs to pick up and transport C&D debris existing in Local Government rights-of-way to a Local Government approved DMS or other designated disposal facility. C&D debris which is piled in immediate close proximity to the actual legal street right-of-way, and which is accessible from the right-of-way line with loading equipment (i.e., not behind a fence or other physical obstacle) will be deemed to be on the right-of-way, and is to be removed. Removal of C&D debris existing in Local Government rights-of-way will be performed as identified by the Local Government Debris Manager.

F. Removal of Leaning Trees, Hanging Limbs, and Extraction of Uprooted Stumps

Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to remove all hazardous trees six inches (6”) or larger in diameter if the tree has 50% or more of the root-ball exposed; hanging limbs two inches (2”) or greater at the point of break; and uprooted stumps existing in the Local Government right-of-way.

For trees that have less than 50 % of the root-ball exposed, flush cut the tree to ground level and dispose of the cut portion based on volume or weight. Debris generated from the removal of hazardous trees, hanging limbs two inches (2”) or greater, and uprooted stumps existing in Local Government rights-of-way will be transported to a Local Government approved DMS or other designated disposal facility.

Removal and transportation of hazardous trees, hanging limbs two inches (2”) or greater, and uprooted stumps existing in the Local Government right-of-way and private property, as well as scattered vegetative debris on private property, will be performed as identified by the Local Government Debris Manager.

All disaster specific eligibility guidelines regarding size and diameter of leaning trees and uprooted stumps will be communicated to the Contractor, in writing, by the Local Government Debris Manager.

Entry onto private property for the removal of vegetative hazards will only be permitted when directed by the Local Government or its authorized representative. The Local Government will provide specific Right-of-Entry (“ROE”) legal and operational procedures.


G. Hazardous Stump Extraction and Removal The Contractor shall extract and remove all stumps that have 50% or more of the root-ball exposed if the stumps are 2 feet (24”) or larger in diameter and measure 2 feet above the ground and are determined to be hazardous to public access as directed by Local Government Debris Manager. Stumps will be hauled to DMS where they shall be inspected and categorized by size. Hazardous stumps less than twenty-four inches (24”) in diameter will not be paid on a per unit extraction rate. Backfilling of stump root-ball holes where 50% or more of the root-ball was exposed is required; Clean fill dirt shall be compacted as directed by Local Government Debris Manager.

If grinding a stump in-place is less costly than extraction, grinding the stump in-place may be an alternative and directed by the Local Government Debris Manager. Areas with known or high potential for archaeological resources usually requires that FEMA further evaluate and consult with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO). If the Contractor discovers any potential archeological resources during stump removal, the Contractor must immediately cease work and notify the Local Government Debris Manager. For stumps that have less than 50% of the root-ball exposed, flush cut the item at ground level and dispose of the cut portion based on volume or weight. Grinding any residual stump is not eligible.

Removal of stumps smaller than 2 feet (24”) in diameter will be directed by the Local Government Debris Manager.

H. Canal/Waterway Debris Removal Contractor shall remove storm debris from drainage canals and ditches at direction of the Local Government. This work could include removal of marine vessels and other vehicles. The Local Government will seek approval by FEMA to use Public Assistance funding. If approved, efforts will be monitored for strict compliance with federal regulations regarding eligibility for reimbursement costs. The Local Government may direct and fund this effort independently if FEMA approval is not obtained. Debris removal work may be done from land or the waterway based on the specific situation and in consultation with State and Federal Officials. Typically, work will be done in the most cost effective and logistically feasible method.

I. Demolition, Removal, & Transport of Non-Regulated Asbestos Containing Material (RACM) (C&D) Structures

Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to demolish eligible structures on private property within the jurisdictional limits of the Local Government. Work may include decommissioning, utility disconnects, and permit costs necessary to demolish a structure.

Entry onto private property for the removal of eligible Non-RACM (C&D) debris will only be permitted


when directed by the Local Government or its authorized representative. The Local Government will provide specific Right of Entry (ROE) legal and operational procedures. Further, debris generated from the demolition of structures, as well as eligible scattered C&D debris on private property, will be transported to a Local Government approved DMS or other designated disposal facility.

Contractor is required to strictly adhere to any and all local, state, and federal regulatory requirements for the demolition of structures.

J. Demolition, Removal and Transport of RACM Structures

Work shall consist of all labor, equipment, fuel, traffic control costs, and other associated costs necessary to decommission, demolish, and dispose of eligible RACM structures on private property within the jurisdictional limits of the Local Government. Work will include decommissioning, utility disconnects, and permit costs necessary to demolish a structure. Work will include ACM testing, decommissioning, structural demolition, debris removal, and site remediation.

Entry onto private property for the removal of eligible RACM (C&D) debris will only be permitted when directed by the Local Government or its authorized representative. The Local Government will provide Right of Entry (ROE) operational procedures. Further, eligible debris generated from the demolition of structures, as well as eligible scattered C&D debris on private property, will be transported to an Local Government-approved final disposal site.

Contractor is required to strictly adhere to any and all local, state, and federal regulatory requirements for the demolition of structures.

K. Debris Management Site (DMS): Management and Operations

Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to manage and operate DMS for the acceptance, management, segregation, and staging of disaster related debris. DMS layout and ingress and egress plan must be approved by the Local Government Debris Manager.

Debris at the DMS will be clearly segregated and managed according to the separately priced collection operations. The Local Government and/or Local Government Debris Manager reserves the right to inspect the DMS, verify quantities, and review operations at any time.

Contractor is responsible for providing DMS traffic control, dust control, and 24-hour site security.

Contractor shall provide a tower from which the Local Government or its authorized representative can make volumetric load calls. The tower will be provided by the Contractor and must meet the minimum specifications described below.

Upon completion of haul-out activities, Contractor shall remediate the site to pre-disaster condition and obtain a written release from the Local Government or its authorized representative.

The management of DMS locations includes assistance in obtaining necessary local, state, and federal permits and operating in accordance with all local, state, and federal regulatory agencies. In addition,


Contractor is responsible for operating the DMS in accordance with Occupational Health and Safety Administration (“OSHA”) guidelines.

L. Debris Site Tower Specifications

The Contractor shall provide one tower at each debris management site for the use of Local Government representatives during their inspection of dumping operations. The inspection platform of the tower shall be constructed at a minimum height of 10’ from surrounding grade to finish floor level, have a minimum eight feet (8’) by eight feet (8’) of usable floor area, be covered by a roof with two feet (2’) overhangs on all sides, and be provided with appropriate railings and a stairway. Platform shall be enclosed, starting from platform floor level and extending up four feet (4’), on all four (4) sides.

The Contractor shall provide one portable toilet at each dumpsite for the use of Local Government representatives during their inspection of dumping operations. The portable toilet shall be provided prior to start of any dumping operations and kept in a sanitary condition by the Contractor throughout the duration of dumping operations.

Care shall be taken to place the towers at a sufficient distance away from any reduction operations. If necessary, dumping operations may be temporarily suspended by the Local Government Debris Manager due to unsuitable conditions at the tower.

M. Grinding (Reduction of Storm Generated Debris)

Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to reduce storm generated debris by grinding. Reduction methods are at the discretion of the Local Government Debris Manager. Grinding must be approved by the Local Government Debris Manager prior to commencement of reduction activities.

All un-reduced storm debris must be staged separately at the DMS.

Contractor must obtain approval to reduce C&D debris from Local Government Debris Manager. If approved for reduction by Local Government Debris Manager, C&D debris must be reduced via grinding in order for the Local Government to compensate the Contractor for reduction. Incineration or mauling of C&D is not an acceptable method of C&D reduction.

N. Incineration (Reduction of Storm Generated Debris)

Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to reduce storm generated debris by incineration. Reduction methods are at the discretion of the Local Government Debris Manager. Incineration must be approved by the Local Government Debris Manager prior to commencement of reduction activities.

All un-reduced storm debris must be staged separately at the DMS.


O. Haul-Out of Reduced Debris to Final Disposal Site

Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to pick up and transport reduced material existing at a Local Government approved DMS to a final disposal facility.

All un-reduced storm debris must be transported to a final disposal facility separately from reduced debris.

P. Household Hazardous Waste Removal, Transport, and Disposal

Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary for the removal, transportation, and disposal of Household Hazardous Waste (“HHW”).

The removal, transportation, and disposal of HHW includes obtaining all necessary local, state, and federal handling permits and operating in accordance with all local, state, and federal regulatory agencies.

Q. Abandoned Vessel Removal

Work shall consist of the removal of abandoned vessels from Local Government Waterways. The removed vessels will be hauled to a Local Government approved staging area for a limited timeframe and subsequently disposed of by the appropriate regulatory agency.

R. Abandoned Vehicle Removal

Work shall consist of the removal and haul out of abandoned vehicles in areas identified and approved by the Local Government. The removed vehicles will be hauled to a Local Government approved staging area for a limited timeframe and subsequently disposed of by the appropriate regulatory agency.

S. Animal Carcass Removal and Disposal

Work shall consist of the removal of animal carcasses in areas identified and approved by the Local Government. The carcasses will be hauled to a Local Government approved staging area and subsequently disposed of by the appropriate regulatory agency.

T. Vehicle and/or Vessel Aggregation Sites

Work shall consist of all labor, equipment, fuel and miscellaneous costs associated with the operation of a vehicle and/or vessel aggregation site.

These sites shall be fenced, lighted, and secured according to applicable state regulations. The Contractor must be prepared to operate the sites to receive vehicles or vessels up to twenty-four hours a day and up to seven days a week as required by the Local Government. Vehicles or vessels will be stored in a manner to permit inspection by authorized agencies as required, or for reclamation by owners. Contractor shall


also be prepared to provide 24-hour security if security is not otherwise provided for.

Vehicles and vessels will be stored in locations identifiable by row and column number and letter and by GPS coordinates. Location identifiers will be associated to the vehicle or vessel records in the Contractor’s site tracking database.

U. White Goods The Contractor(s) may expect to encounter white goods available for disposal. White goods will constitute household appliances as defined in FEMA Public Assistance Program and Policy Guide established in April 2019. Proper disposal of Freon is required. The Contractor will handle the disposition of all white goods encountered in accordance with applicable federal, state and local laws.


Schedule 1 – Unit Rate Price Sheet RFP #Q19-39 Disaster Debris Clearance and Removal Services

DO NOT INCLUDE TIPPING FEES IN UNIT COST

Tipping fees should not be included in the unit price on the proposal form; however, the successful contractor will submit invoices indicating the unit cost and the tipping fee. The successful contractor will be paid the unit cost and the actual tipping fee. Tipping fees will not be waived.

*See Specialty Removal Section for Collect and Haul from Parks.

*For Services rendered after the initial 72-hour period The Local Government may NOT allow the usage for all methods listed below; however, pricing

is requested in the event it is needed.

Category Field Name and Description Estimated Quantity

(a)

Unit (b)

Unit Price (c)

Line Item Price

(a) x (c)

Vegetative Collect

and Haul

0-15 Miles Veg from ROW to DMS or final disposal Vegetative collect and removal for a haul distance up to 15 miles

1 CY

16-30 Miles Veg from ROW to DMS or final disposal Vegetative collect and removal for a haul distance up between 16 and 30 miles

1 CY

31-60 Miles Veg from ROW to DMS or final disposal Vegetative collect and removal for a haul distance between 31 and 60 miles

1 CY

60+ Miles Veg from ROW to DMS or final disposal Vegetative collect and removal for a haul distance greater than 60 miles

1 CY

Single Price Veg from ROW to DMS or final disposal A single price vegetative collect and removal for any haul distance

1 CY

Management and

Reduction

Grinding Grinding/chipping vegetative debris 1 CY

Grinding Grinding/chipping C&D debris 1 CY

Air Curtain Burning Air Curtain Burning vegetative debris 1 CY

Open Burning Open Burning vegetative debris 1 CY Debris Management Site Management Preparation, management, and segregating at debris management site, build tower, return DMS to pre-disaster condition.

1 CY


Schedule 1 – Unit Rate Price Sheet - Continued - Page 2 of 5

*See Specialty Removal Section for Collect and Haul from Parks.

*For Services rendered after the initial 72 hour period The Local Government may NOT allow the usage for all methods listed below; however, pricing



(a)

Unit (b)

Unit Price (c)

Line Item Price

(a) x (c)

C & D Collect and

Haul

0 – 15 Miles C&D from ROW to DMS or final disposal C&D collect and removal for a haul up to 15 miles 1 CY 16 – 30 Mile C&D from ROW to DMS or final disposal C&D collect and removal for a haul distance between 16 and 30 miles

1 CY

31–60 Miles C&D from ROW to DMS or final disposal C&D collect and removal for a haul distance between 31 and 60 miles

1 CY

60+ Miles C&D from ROW to DMS or final disposal C&D collect and removal for a haul distance greater than 60 miles

1 CY

Single Price C&D from ROW to DMS or final disposal A single price C&D collect and removal for any haul distance

1 CY

Final Disposal

from DMS

0 – 15 Miles from DMS to Final Disposal Transport processed debris from DMS to final disposal 0 – 15 miles

1 CY

16 - 30 Miles from DMS to Final Disposal Transport processed debris from DMS to final disposal 16 – 30 miles

1 CY

31 - 60 Miles from DMS to Final Disposal Transport processed debris from DMS to final disposal 31 –60 miles

1 CY

60+ Miles from DMS to Final Disposal Transport processed debris from DMS to final disposal 60+ miles

1 CY

Single Price from DMS to Final Disposal A single price transport of processed debris from DMS to final disposal

1 CY


Schedule 1 – Unit Rate Price Sheet – Continued - Page 3 of 5

All debris generated by these tree operations will be placed on the ROW and removed and paid per unit prices for vegetative debris removal in Schedule 1. *** Refer to the Federal Emergency Management Agency (“FEMA”) Public Assistance Policy and Guidance, latest version




(a)

Unit (b)

Unit Price (c)

Line Item Price

(a) x (c)

Tree Operations

Hazardous Trees 6” – 12.99” Hazardous tree removal for a 6 – 12.99” inch trunk diameter

1 TREE

Hazardous Trees 13” – 24.99” Hazardous tree removal for a 13 – 24.99 inch trunk diameter

1 TREE

Hazardous Trees 25” – 36.99” Hazardous tree removal for a 25 - 36.99 inch trunk diameter

1 TREE

Hazardous Trees 37” – 48.99” Hazardous tree removal for a 37 – 48.99 inch trunk diameter

1 TREE

Hazardous Trees 49”+ Hazardous tree removal for a 49+ inch trunk diameter

1 TREE

Trees with Hazardous Limbs 2” in diameter or greater at point of break Hazardous hanging limb removal

1 TREE

***Hazardous Stumps <24” for Removal only (no extraction allowed) based on a 12” Stump 1 CY

Hazardous Stumps >24” – 36.99” Hazardous stump extraction and removal for a 24 – 36.99 inch stump diameter

1 STUMP

Hazardous Stumps >37” – 48.99” Hazardous stump extraction and removal for a 37 – 48.99 inch stump diameter

1 STUMP

Hazardous Stumps >49”+ Hazardous stump extraction and removal for a 49+ inch stump diameter

1 STUMP

Stump Fill Dirt Fill dirt for stump holes after removal 100 CY


Schedule 1 – Unit Rate Price Sheet – Continued - Page 4 of 5




(a)

Unit (b)

Unit Price (c)

Line Item Price

(a) x (c)

Specialty Removal

Waterway Debris Removal (Land Based) Debris Removal from canals, rivers, creeks, streams, and ditches

1 CY

Waterway Debris Removal (Marine Based) Debris Removal from canals, rivers, creeks, streams, and ditches

1 CY

Sand Collection and Screening Pick up, screen, and return debris laden sand/mud/dirt/rock

1 CY

Vehicle Removal Removal of eligible vehicle 1 UNIT

Vessel Removal (Land) Removal of eligible vessel 1 LF

Vessel Removal (Marine) Removal of eligible vessel from waterway 1 LF Carcass Removal Removal of debris that will decompose (animals and organic fleshy matter)

1 POUND

ROW White Goods Removal Pick up and haul of white goods to disposal site 1 UNIT

Freon Management Freon management and recycling 1 UNIT

Demolition of Private Structure (C&D) 125 CY

Demolition of Private Structure (RACM) 125 TON

Electronic Waste Removal of electronic debris that contain hazardous materials, such as cathode ray tubes. Includes computers monitors and televisions.

1 POUND

Putrescent Removal Removal of debris that will decompose or rot (animals and organic fleshy matter)

1 POUND

Bio-waste Removal of waste capable of causing infection to humans (animal waste, human blood, pathological waste).

1 POUND


Household Hazardous Waste (HHW) HHW removal and disposal 1 POUND

Vegetative Collect and Haul from Parks A single price vegetative collect and removal for any haul distance from parks

1 CY

C&D Collect and Haul from Parks A single price C&D collect and removal for any haul distance from parks

1 CY


Schedule 2 – Hourly Equipment and Labor Price Schedule

**** For services rendered during the first seventy (72) hours. **** The first seventy (70) hours of service under this contract shall be for emergency road clearance only. The hourly equipment rate provided below shall include the cost of labor for the operator. Hourly line items should be priced on one unit for one-hour operation.

Equipment Type Hourly Equipment Rate Bobcat Loader Bucket Truck w/Operator

Crane

Crash Truck w/Impact Attenuator

Dozer, Tracked, D5 or similar




Dump Truck, 18 CY-20 CY

Dump Truck, 21 CY-30 CY

Generator and Lighting

Grader w/12’ Blade

Hydraulic Excavator, 1.5 CY

Hydraulic Excavator, 2.5 CY

Knuckleboom Loader

Lowboy Trailer w/Tractor

Mobile Crane (Adequate for hanging limbs/leaning trees)

Pickup Truck, .5 Ton

Truck, Flatbed

Water Truck

Wheel Loader, 2.5 CY, 950 or similar

Wheel Loader, 3.5 – 4.0 CY, 966 or similar

Wheel Loader, 4.5 CY, 980 or similar

Wheel Loader-Backhoe, 1.0 – 1.5 CY


Current Orange County Solid Waste Management Department Fees

(919) 968-2788 www.orangecountync.gov/recycling

Tipping fees will NOT be waived.

LANDFILL (*state disposal tax fee @ $2.00 per ton will be additional to the tonnage fees below*)

Construction and Demolition Waste

Per ton (1-ton minimum charge)

Pick-up Truck / Van / Trailer Load*

Car load

Debris resulting solely from construction, remodeling, repair, or demolition. Inert debris including brick, block, and uncontaminated soils. $ 40.00

$ 22.00

$ 5.00

Stumps and Landclearing Waste Per ton (1-ton minimum charge)

$ 40.00

Mobile homes Call ahead for an appointment. Per section or single wide

Remove all furniture and personal items, and drain all fluids prior to delivery. Appliances and thermostats must be removed and can be recycled separately at the Orange County Landfill. $ 200.00

Mattresses and Box Springs- Residential Businesses

Dry, clean and intact mattresses and box springs will be recycled. No charge

http://www.townofcarrboro.org/bids.aspx


$10.00 per piece

Vegetative (Yard) Waste Per ton (1-ton minimum charge)

Pick-up Truck / Van / Trailer Load*

Car load

Will be ground into mulch. $ 20.00 $ 8.00

$ 3.00

Clean Wood Waste Per ton (1-ton minimum charge)

Pick-up Truck / Van / Trailer Load

Car load

Will be ground for boiler fuel. $ 20.00

$ 8.00

$ 3.00

Corrugated Cardboard No charge

Oyster Shells No charge

Electronics No charge

Tires (any size) Residential/commercial tires Stockpiled tires/ No State certification

No charge

$100.00/ton

Large Appliances (White Goods) Commercial size appliances must have


refrigerant removed prior to disposal. No charge

Scrap Metal

Separated, clean loads of scrap metal. No charge

All loads must be TARPED C&D waste loads containing Regulated Recyclable Materials (i.e. corrugated cardboard, clean wood, and scrap metal), are subject to a penalty fee. More than 1/3 cubic yard of banned materials per load will be subject to double tip fee. Loads with 50% or more of these banned materials may pay an additional fee of up to $500. The Orange County Solid Waste Management Department offers reduced tip fees for these materials if they are separated for recycling prior to delivery to the Orange County Landfill.



Non-Collusion Affidavit Proposal Request No.XXXXX State of North Carolina Orange County _________________________________________(name of individual), being first duly sworn, deposes and says that: 1. He/She is the ___________________________ (title) of __________________________________ (company

name), the proposer that has submitted the attached proposal; 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent

circumstances respecting such proposal; 3. Such proposal is genuine and is not a collusive or sham proposal; 4. Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in

interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer firm or Person to submit a collusive or sham proposal in connection with the contract for which the attached proposal has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposers, or to fix any overhead, profit or cost element of the proposal price of the proposal of any other proposer or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the Town or any person interested in the proposed contract; and

5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

__________________________________ Signature Seal ___________________________________ if Title Corporation Date: ______________________________ This form must be notarized SUBSCRIBED AND SWORN TO BEFORE ME, This ______ day of ___________________, 2019

Notary Public _____________________________

My Commission Expires: ____________________


Certification Regarding Lobbying “Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

This certification requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for an award of $100,000 or more shall file the required certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobby Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. The offeror, by signing its offer, hereby 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal 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

sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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.

The Contractor, ____________________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

____________________________________ _____________________________________________ Signature of Contractor’s Authorized Official Printed Name and Title of Contractor’s Authorized Official

Date: _______________________________


Proposer’s Bid Certification Form To Whom It May Concern:

I have carefully examined the Request for Proposal and any other documents accompanying or make a part of this Request for Proposal. I hereby propose to perform the following Services as specified in this Request for Proposal No. Q19-39 at the rates described on SCHEDULE 1 – UNIT RATE PRICE SCHEDULE and SCHEDULE 2 – HOURLY EQUIPMENT AND LABOR PRICE SCHEDULE. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the company as its act and deed and that the company is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer employee or agent of the Town or any other proposer is interested in said proposal; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply with all applicable federal laws regulations, executive orders, and the latest version of FEMA policies, procedures, and directives. It is distinctly understood that the Town reserves the right to reject any or all proposals.

_________________________________ Federal Tax ID: ______________________ Company Name Phone: _____________________________ _________________________________ Authorized Signature Fax: _______________________________ _________________________________ Email: _____________________________ Printed or Typed Name and Title NOTARIZE _________________________________ Subscribed and sworn to before me this ______ Mailing Address day of__________________, 2019 _________________________________ Notary Public________________________________ City/State/Zip Code My Commission expires: _______________________

(SEAL, if Corporation)


Certification Regarding Debarment and Suspension

The Use of any Contractor that has been declared debarred by the office of Federal Contract Compliance Programs (OFCCP) is prohibited. Further the use of subcontractor(s) that has been declared debarred by OFCCP is prohibited. A complete list of federally disbarred contractors can be found at www.sam.gov. It is the sole responsibility of the Contractor to ensure that subcontractor(s) are in good standing with the OFCCP and not on the disbarment list. The undersigned applicant certifies to the best of his or her knowledge and belief, that he applicant and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or agency;

(b) have not within a 3-year period preceding this proposal been convicted of or had a valid judgment rendered

against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted or otherwise criminally or civilly charged by a governmental entitle (Federal,

State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

(d) have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

Should the applicant not be able to provide this certification, an explanation as to why should be placed after the assurances page in the application package. The applicant agrees by submitting the proposal that it will include, without modification, the clause titled “Certification Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion-Lower Tier Covered Transactions” in all lower tier covered transactions (i.e., transactions with sub-grantees and/or contractors) and in all solicitations for lower tier covered transactions. ______________________________ (Seal if Corporation ) Signature ______________________________ Title Date: _________________________ NOTARIZE SUBSCRIBED AND SWORN TO BEFORE ME, This ______ day of ________________________, 2019

NOTARY PUBLIC ____________________________

My Commission Expires: ________________________



Appendix A-Sample Contracts

TOWN OF CARRBORO-SAMPLE CONTRACT The awarded Contractor will be required to enter into a contract issued by the Town. Any exceptions to the terms of this Agreement or additional terms must be included as requested in “6.0 Proposal Requirements” Section 12.

FEDERAL FUNDS STANDARD SERVICE CONTRACT

NORTH CAROLINA SERVICE CONTRACT TOWN OF CARRBORO THIS CONTRACT is made, and entered into by and between the TOWN of CARRBORO, a political subdivision of the State of North Carolina, (hereinafter referred to as “TOWN”, party of the first part and _____________________, (hereinafter referred to as “CONTRACTOR”), party of the second part.

1. SERVICES TO BE PROVIDED CONTRACTOR hereby agrees to provide services and/or materials under this contract (hereinafter referred to collectively as “SERVICES” for ____ {Insert Name of Project}_______ pursuant to the provisions and specifications identified in “Attachment 1”.

2. TERM OF CONTRACT The term of this CONTRACT for services and supplies is from __________ to _____________.

3. PAYMENT TO CONTRACTOR CONTRACTOR shall receive from TOWN an amount not to exceed $XXXXX. Unless otherwise specified, CONTRACTOR shall submit a monthly itemized invoice to __________________ at the ______________Department of the Town of Carrboro, NC 27510. Payment will be processed within 30 days


upon receipt and approval of the invoice by TOWN. (Note: For contracts of short duration, e.g. less than 3 months, monthly invoices should be avoided, and only provide for payment after satisfactory completion of the project.)

4. INDEPENDENT CONTRACTOR TOWN and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of TOWN for any purpose in the performance of CONTRACTOR’S duties under this contract. Accordingly, CONTRACTOR shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of CONTRACTOR’S activities in accordance with this contract. For purposes of this contract taxes shall include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance taxes.

CONTRACTOR, as an independent contractor, shall perform said services in a professional manner and in accordance with the standards of applicable professional organizations and licensing agencies.

5. INSURANCE AND INDEMNITY To the fullest extent permitted by laws and regulations, the CONTRACTOR shall indemnify and hold harmless the TOWN and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting from the performance of this Contract or the actions of the CONTRACTOR or its officials, employees, or contractors under this Contract or under the contracts entered into by the CONTRACTOR in connection with this Contract. This indemnification shall survive the termination of this agreement. In addition, CONTRACTOR shall comply with the North Carolina Workers’ Compensation Act and shall provide for the payment of workers’ compensation to its employees in the manner and to the extent required by such Act. CONTRACTOR shall supply TOWN with certification of insurance for workers’ compensation coverage with North Carolina statutory limits. CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage:

General Liability with Combined Single Limit Bodily Injury and Property Damage not less than $1,000,000 and Products and Completed Operations Liability not less than $1,000,000. CONTRACTOR agrees to furnish TOWN a certificate of insurance from an insurance company, licensed to do business in the State of North Carolina and acceptable to TOWN verifying the existence of any insurance coverage required by TOWN. The certificate will provide for thirty (30) days advance notice in the event of termination or cancellation of coverage.

6. HEALTH AND SAFETY


CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions

and programs required by OSHA and all other regulatory agencies while providing services under this contract.

7. NON-DISCRIMINATION IN EMPLOYMENT CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, disability or on the basis of sexual orientation or gender expression/identity. CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin, disability or on the basis of sexual orientation or gender expression/identity. In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state or local law or this provision, this Contract may be canceled, terminated or suspended in whole or in part by TOWN, and CONTRACTOR may be declared ineligible for further TOWN contracts.

8. GOVERNING LAW This contract shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this contract shall be brought in the General Court of Justice in the County of Orange and the State of North Carolina.

9. AMENDMENT

This contract may be amended only in writing by mutual agreement by both parties.

10. TERMINATION OF AGREEMENT This contract may be terminated at any time by either party by written notice of a minimum of ninety (90) days. This contract may be terminated, for cause, by the non-breaching party notifying the breaching party of a substantial failure to perform in accordance with the provisions of this contract and if the failure is not corrected within ten (10) days of the receipt of the notification. Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed by relevant law. Termination of this agreement, either with or without cause, shall not form the basis of any claim for loss of anticipated profits by either party.

11. SUCCESSORS AND ASSIGNS


CONTRACTOR shall not assign its interest in this contract without the written consent of TOWN. CONTRACTOR has no authority to enter into contracts on behalf of TOWN.

12. COMPLIANCE WITH LAWS

CONTRACTOR represents that it is in compliance with all Federal, State, and local laws, regulations or orders, as amended or supplemented. The implementation or this contract will be carried out in strict compliance with all Federal, State, or local laws regarding discrimination in employment.

13. NOTICES

All notices which may be required by this contract or any rule of law shall be effective when received by certified mail sent to the following addresses:

TOWN OF CARRBORO FINANCE OFFICER

301 WEST MAIN STREET CARRBORO, NORTH CAROLINA, 27510

14. AUDIT RIGHTS

For all services being provided under this contract, TOWN shall have the right to inspect, examine, and make copies of any and all books, accounts, invoices, records and other writings relating to the performance of said services. Audits shall take place at times and locations mutually agreed upon by both parties, although CONTRACTOR must make the materials to be audited available within one (1) week of the request for them.

15. TOWN NOT RESPONSIBLE FOR EXPENSES

TOWN shall not be liable to CONTRACTOR for any expenses paid or incurred by CONTRACTOR prior to the commencement date of contract, unless otherwise agreed in writing.

16. ENTIRE AGREEMENT

This Agreement and the attached document labeled “Attachment 1” shall constitute the entire understanding between TOWN and CONTRACTOR and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties.

17. HEADINGS.


The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.

18. E-VERIFY

The CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. CONTRACTOR shall require subcontractors to comply with the requirements of Article 2, Chapter 64 of the North Carolina General Statutes.

19. IRAN DIVESTMENT ACT CERTIFICATION

Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final

Divestment List (“List”) created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58. Contractor shall not utilize any subcontractor that is identified on the List.

20. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL

Contractor certifies that Contractor has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibility of each contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

21. FEDERAL FUNDS PROVISIONS

The ____ (Insert Name of Project} _____ project will be paid for, in part, by Federal funds. Therefore, pursuant to 2 C.F.R. 200.326 and 200 C.F.R. Part 200 Appendix 2, the following Federal provisions apply, or may apply: Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland ‘Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q); Federal Water Pollution Control Act (33 U.S. C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S. C. 1352); Procurement of Recovered materials (2 C.F.R. 200.322); and Record retention Requirements (2 C.F.R. 200.324).


The CONTRACTOR hereby agrees that each clause of this CONTRACT has been read and fully understands the meaning of the same and will comply with all of its terms.

TOWN OF CARRBORO CONTRACTOR _______________________________ ______________________________ Title: Date Title: Date ATTEST ATTEST _______________________________ ______________________________ Title: Title: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ________________________________________ Finance Officer


TOWN OF CHAPEL HILL-SAMPLE CONTRACT The awarded Contractor will be required to enter into a contract issued by the Town. Any exceptions to the terms of this Agreement or additional terms must be included as requested in “6.0 Proposal Requirements” Section 12. STATE OF NORTH CAROLINA CONTRACT FOR COUNTY OF ORANGE {DESCRIPTION OF SERVICES TO BE

PROVIDED UNDER THIS CONTRACT} This Contract is made and entered into by and between the “Town of Chapel Hill”, herein “Town”, and “{Contractor’s Full Legal Name}”, herein “Contractor”, for services hereinafter described for the Town of Chapel Hill. This Contract is for {Description of Services to be Provided Under This Contract}.

WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree: 1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A

attached hereto and incorporated herein by reference. 2. Duties of the Town: The Town shall pay for the Contractor’s services as set forth in Exhibit A. 3. Fee Schedule and Maximum Sum: Contract amount is not to exceed {insert a not to exceed amount}.

Payment shall be made according to Exhibit A. 4. Federal Assistance. This Contract is funded, in whole or in part, by federal assistance. Accordingly,

the federal provisions contained in Exhibit B apply, as applicable. 5. Billing and Payment: The Contractor shall submit a bill to the Town for work performed under the

terms of this Contract. The Contractor shall bill and the Town shall pay the rates set forth therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the contact person or his/her designee.

6. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town

of Chapel Hill and its officers, agents and employees from all loss, liability, claims or expense


(including reasonable attorneys’ fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town.

7. Insurance Provisions: The Town requires evidence of Contractor’s current valid insurance (if

applicable) in the amounts stated below during the duration of the named project and further requires that the Town be named as an additional insured for Comprehensive General Liability and Business Automobile policies. The required coverage limits are: 1) Comprehensive General Liability and Business Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both employer’s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit.

8. Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this

Contract without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.

9. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable

federal and state laws, including those on immigration. 10. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), Contractor shall require the subcontractor(s) to comply with the requirements of Article 2, Chapter 64 of the General Statutes. Pursuant to North Carolina General Statute § 143-133.3 (c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision.

11. Amendment: This Contract may be amended in writing by mutual agreement of the Town and

Contractor. 12. Termination: Except as may be set forth for certain described contracts in Exhibit B, either party may

terminate this Contract at any time by giving the other party thirty (30) days written notice of termination prior to the end of the term as described herein.

13. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North Carolina.

The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. Contrary to any provision that may be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury.

14. Preference: In the event that the terms of any exhibit attached hereto are not consistent with the terms

of this Contract, this Contract shall have preference; provided that where either any exhibit attached


hereto or this Contract establishes higher standards for performance by either party, the higher standard, wherever located, shall apply.

15. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof

shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect.

16. Assignment: This Contract shall not be assigned without the prior written consent of the parties. 17. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other

warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract.

18. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the Town certified

statements setting forth, the cost of all materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the same vendor, the Contractor’s certified statement shall indicate the invoice number, the inclusive dates of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid thereon. The Contractor’s certified statement shall also include the cost of any tangible personal property withdrawn from the Contractor’s warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by the Town for sales or use taxes. The Contractor shall obtain and furnish to the Town similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard CONTRACTOR’S SALES TAX REPORT and shall be submitted with each request for payment. The Town will not make payment to the Contractor until the CONTRACTOR’S SALES TAX REPORTS ARE SUBMITTED. Any and all refunds received by the Town of said taxes shall remain with the Town, and the Contractor shall not be entitled to such refund.

19. Term: This Contract, unless amended as provided herein, shall be in effect until {_______________________ ______}, 20{____}.

[SIGNATURES ON FOLLOWING PAGE.]


This Contract is between the Town of Chapel Hill and {Contractor’s Full Legal Name} for {Description of Services to be Provided Under This Contract}. IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names. {CONTRACTOR’S FULL LEGAL NAME} _______________________________ ___________________________________ SIGNATURE PRINTED NAME & TITLE _______________________________ ___________________________________ WITNESS PRINTED NAME & TITLE TOWN OF CHAPEL HILL ________________________________________________ DEPARTMENT HEAD OR DEPUTY/TOWN MANAGER ________________________________________________ PRINTED NAME & DEPARTMENT ATTEST BY TOWN CLERK: ____________________________ TOWN CLERK TOWN SEAL Town Clerk attests date this the ______day of ___________, 20____. Approved as to Form and Authorization ______________________________ TOWN LEGAL STAFF This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _________________________________ ___________________________________ FINANCE OFFICER DATE


EXHIBIT A

This Exhibit will include the submitted proposal and this RFP as an attachment, incorporating requirements by reference.


TOWN OF HILLSBOROUGH-SAMPLE CONTRACT The awarded Contractor will be required to enter into a contract issued by the Town. Any exceptions to the terms of this Agreement or additional terms must be included as requested in “6.0 Proposal Requirements” Section 12. STATE OF NORTH CAROLINA CONTRACT FOR COUNTY OF ORANGE {DESCRIPTION OF SERVICES TO BE

PROVIDED UNDER THIS CONTRACT} This Contract is made and entered into by and between the “Town of Hillsborough”, herein “Town”, and “{Contractor’s Full Legal Name}”, herein “Contractor”, for services hereinafter described for the Town of Hillsborough. This Contract is for {Description of Services to be Provided Under This Contract}.

WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree: 1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A

attached hereto and incorporated herein by reference. 2. Duties of the Town: The Town shall pay for the Contractor’s services as set forth in Exhibit A. 3. Fee Schedule and Maximum Sum: Contract amount is not to exceed {insert a not to exceed amount}.

Payment shall be made according to Exhibit A. 4. Federal Assistance. This Contract is funded, in whole or in part, by federal assistance. Accordingly,

the federal provisions contained in Exhibit B apply, as applicable. 5. Billing and Payment: The Contractor shall submit a bill to the Town for work performed under the

terms of this Contract. The Contractor shall bill and the Town shall pay the rates set forth therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the contact person or his/her designee.

6. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town

of Hillsborough and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys’ fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town.


7. Insurance Provisions: The Town requires evidence of Contractor’s current valid insurance (if

applicable) in the amounts stated below during the duration of the named project and further requires that the Town be named as an additional insured for Comprehensive General Liability and Business Automobile policies. The required coverage limits are: 1) Comprehensive General Liability and Business Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both employer’s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit.

8. Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this

Contract without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.

9. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable

federal and state laws, including those on immigration. 10. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North

Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), Contractor shall require the subcontractor(s) to comply with the requirements of Article 2, Chapter 64 of the General Statutes. Pursuant to North Carolina General Statute § 143-133.3 (c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision.

11. Amendment: This Contract may be amended in writing by mutual agreement of the Town and

Contractor. 12. Termination: Except as may be set forth for certain described contracts in Exhibit B, either party may

terminate this Contract at any time by giving the other party thirty (30) days written notice of termination prior to the end of the term as described herein.

13. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North Carolina.

The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. Contrary to any provision that may be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury.

14. Preference: In the event that the terms of any exhibit attached hereto are not consistent with the terms

of this Contract, this Contract shall have preference; provided that where either any exhibit attached hereto or this Contract establishes higher standards for performance by either party, the higher standard, wherever located, shall apply.


15. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect.

16. Assignment: This Contract shall not be assigned without the prior written consent of the parties. 17. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other

warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract.

18. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the Town certified

statements setting forth, the cost of all materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the same vendor, the Contractor’s certified statement shall indicate the invoice number, the inclusive dates of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid thereon. The Contractor’s certified statement shall also include the cost of any tangible personal property withdrawn from the Contractor’s warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by the Town for sales or use taxes. The Contractor shall obtain and furnish to the Town similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard CONTRACTOR’S SALES TAX REPORT and shall be submitted with each request for payment. The Town will not make payment to the Contractor until the CONTRACTOR’S SALES TAX REPORTS ARE SUBMITTED. Any and all refunds received by the Town of said taxes shall remain with the Town, and the Contractor shall not be entitled to such refund.

19. Term: This Contract, unless amended as provided herein, shall be in effect until {_______________________ ______}, 20{____}.



This Contract is between the Town of Hillsborough and {Contractor’s Full Legal Name} for {Description of Services to be Provided Under This Contract}. IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names. {CONTRACTOR’S FULL LEGAL NAME} _______________________________ ___________________________________ SIGNATURE PRINTED NAME & TITLE _______________________________ ___________________________________ WITNESS PRINTED NAME & TITLE TOWN OF HILLSBOROUGH ________________________________________________ DEPARTMENT HEAD OR DEPUTY/TOWN MANAGER ________________________________________________ PRINTED NAME & DEPARTMENT ATTEST BY TOWN CLERK: ____________________________ TOWN CLERK TOWN SEAL Town Clerk attests date this the ______day of ___________, 20____. Approved as to Form and Authorization ______________________________ TOWN LEGAL STAFF This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _________________________________ ___________________________________ FINANCE OFFICER DATE


EXHIBIT A



EXHIBIT B Additional Provisions for Contracts Funded Through Federal Assistance,

Including Provisions for FEMA Assistance, Reimbursement Contracts

This Contract for purchases, services, construction or repairs to be provided by the Contractor hereto to the Town of Hillsborough is funded, in whole or in part, by Federal assistance in the form of grant, sub-grant, loan or reimbursement either directly to the Town as a recipient or to the Town as a subrecipient of funding provided from the Federal government to an agency of the State of North Carolina or to another pass-through agency. Accordingly, the following Federal provisions apply to this Contract pursuant to 2 CFR § 200.326 and 2 CFR Part 200, Appendix II, as applicable.

A. All Contracts – Compliance with Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. [2 CFR Part 200, App. II (I)] B. Certain Contracts – Compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Contractor will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan. [2 CFR Part 200, App. II (H)] C. Certain Contracts – Compliance with Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. [2 CFR Part 200, App. II (F)] D. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must pay wages not less than once a week. The Town must place a copy of the current prevailing wage determine issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The Town must report all suspected or reported violations to the Federal awarding agency. [2 CFR Part 200, App. II (D)] E. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding agency. [2 CFR Part 200, App. II (D)] F. All Contracts of $10,000 and above – Termination by Town. The Town reserves the right to immediately terminate any agreement in excess of $10,000 in the event the Contractor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. The Town also reserves the right to terminate the Contract for convenience, with thirty (30) days written notice to the Contractor, if the Town believes, in its sole discretion, that it is in the Town’s best interest to do so. In the event the Town terminates this Contract for convenience, the Contractor will be compensated for work performed and accepted and goods accepted by the Town as of the termination date. Any award under this procurement process is not exclusive and the Town reserves the right to purchase goods and services from other vendors when it is in the best interest of the Town. [2 CFR Part 200, App. II (B)] G. Contracts for purchases exceeding $10,000 in value for a single item or through cumulative acquisition – Compliance with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (Procurement of recovered materials (2 CFR §200.322]). In performance of this contract, contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [2 CFR Part 200, App. II (K)] H. All contracts in excess of $100,000 – Compliance with Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor will not and has not


used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must disclose any lobby with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are to be forwarded from tier to tier up to the non-Federal award. [2 CFR Part 200, App. II (J)] I. Contracts in excess of $100,000 involving employment of mechanics or laborers (where applicable) – Compliance with Contract Work Hours and Safety Standards Act 40 U.S.C. 3702 and 3704 (40 U.S.C. 3701-3708, as supplemented by Department of Labor regulations [29 CFR Part 5]). Per 40 U.S.C. 3702, Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Per 40 U.S.C. 3704, no laborer or mechanic involved in construction work can be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. [2 CFR Part 200, App. II (E)] J. All Contracts of $150,000 and above - Breach or Violation of Terms by Contractor. The Town reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach or violation of terms of this Contract by the Contractor. [2 CFR Part 200, App. II (A)] K. Contracts in excess of $150,000 – Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). [2 CFR Part 200, App. II (G)] L. Construction Contracts (except as provided under 41 CFR Part 60) – Equal Employment Opportunity Clause under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual

orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.

(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,


1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8)

in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. [2 CFR Part 200, App. II (C)]

ADDITIONAL REQUIREMENTS – FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE, REIMBURSEMENT

M. Changes. Any change in the contract cost, modification, change order, or constructive change must be allowable, allocable, within the scope of its funding, grant or cooperative agreement, and reasonable for the completion of project scope. All changes and/or amendments to the contract will be outlined in detail, formalized in writing, and signed by the authorized representative of each party. Contractor’s failure to do so shall constitute a material breach of the contract. N. Access to Records. The following access to records requirements apply to this contract: (1) The contractor agrees to provide the North Carolina Division of Emergency Management, the Town of Hillsborough, the FEMA

Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

O. Department of Homeland Security Seal, Logo, and Flags. The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. P. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Q. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. R. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. S. Contract Work Hours and Safety Standards Act (29 CFR 5.5(b)(c)). The following provisions apply to any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the

employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The Town of Hillsborough shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section


and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

T. Contracts in excess of $150,000 – Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. The contractor agrees to include the provisions of section K above in each subcontract. The contractor further agrees to report each violation to the Town of Hillsborough, and agrees that the Town of Hillsborough will, in turn, report each violation as required to assure notification to the NC Division of Emergency Management, FEMA and the Regional Office of the Environmental Protection Agency (EPA).

ADDITIONAL PROVISIONS - OTHER

In addition to the above provisions required by 2 CFR § 200.326 and 2 CFR Part 200, Appendix II, this Contract is subject to additional Federal regulations including, but not limited to, the following: U. Non-Profit Organization Subrecipients – Records Retention Requirements. Except for certain exceptions outlined in 2 CFR § 200.333, records pertinent to this Contract must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report. [2 CFR § 200.333] V. All Contracts. Additional Requirements by Federal Awarding Agency. This Contract may be subject to additional requirements of the Federal awarding agency as may be specified in grant agreements, grant award documents and/or other documents or correspondence associated with the Town’s acceptance of Federal funding.


The awarded Contractor will be required to enter into a contract issued by the County. Any exceptions to the terms of this Agreement or additional terms must be included as requested in “6.0 Proposal Requirements” Section 12. In addition Orange County supports a living wage. Prior to final execution of a contract with Orange County the contractors must submit to the County’s representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount currently set at $14.95 per hour. A copy of the living wage policy follows the Sample contract. The awarded Contractor will also need to complete and submit the E-verify Affidavit and Iran Divestment Act Verification forms attached. A copy of each form follows the Sample Contract.

ORANGE COUNTY-SAMPLE CONTRACT

Attached


DISASTER DEBRIS CLEARANCE AND REMOVAL SERVICES CONTRACT

The awarded Contractor will be required to enter into a contract issued by the Town. Any exceptions to the terms of this Agreement or additional terms must be included as requested in “6.0 Proposal Requirements” Section 12.

STATE OF NORTH CAROLINA CONTRACT FOR

COUNTY OF ORANGE Disaster Debris Clearance and Removal Services

This Contract is made and entered into by and between the “Town of Hillsborough”, herein “Town”, and CrowderGulf, LLC, herein “Contractor”, for services hereinafter described for the Town of Hillsborough. This Contract is for Disaster Debris Clearance and Removal Services.

WITNESSETH

That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree:

1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A attached hereto and incorporated herein by reference.

2. Duties of the Town: The Town shall pay for the Contractor’s services as set forth in Exhibit A.

3. Fee Schedule and Maximum Sum: Contract amount is not to exceed $350,000. Payment shall be made according to Exhibit A.

4. Federal Assistance. This Contract is funded, in whole or in part, by federal assistance. Accordingly, the federal provisions contained in Exhibit B apply, as applicable.

5. Billing and Payment: The Contractor shall submit a bill to the Town for work performed under the terms of this Contract. The Contractor shall bill and the Town shall pay the rates set forth therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the contact person or his/her designee.

6. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town of Hillsborough and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys’ fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town.

7. Insurance Provisions: The Town requires evidence of Contractor’s current valid insurance (if applicable) in the amounts stated below during the duration of the named project and further requires that the Town be named as an additional insured for Comprehensive General Liability and Business Automobile policies. The required coverage limits are: 1) Comprehensive General Liability and Business Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both employer’s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit.

8. Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this Contract without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.

9. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable federal and state laws, including those on immigration.

10. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), Contractor shall require the subcontractor(s) to comply with the requirements of Article 2, Chapter 64 of the General Statutes. Pursuant to North Carolina General Statute § 143-133.3 (c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision.

11. Amendment: This Contract may be amended in writing by mutual agreement of the Town and Contractor.

12. Termination: Except as may be set forth for certain described contracts in Exhibit B, either party may terminate this Contract at any time by giving the other party thirty (30) days written notice of termination prior to the end of the term as described herein.

13. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North Carolina. The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. Contrary to any provision that may be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury.

14. Preference: In the event that the terms of any exhibit attached hereto are not consistent with the terms of this Contract, this Contract shall have preference; provided that where either any exhibit attached hereto or this Contract establishes higher standards for performance by either party, the higher standard, wherever located, shall apply.

15. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect.

16. Assignment: This Contract shall not be assigned without the prior written consent of the parties.

17. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract.

18. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the Town certified statements setting forth, the cost of all materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the same vendor, the Contractor’s certified statement shall indicate the invoice number, the

inclusive dates of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid thereon. The Contractor’s certified statement shall also include the cost of any tangible personal property withdrawn from the Contractor’s warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by the Town for sales or use taxes. The Contractor shall obtain and furnish to the Town similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard CONTRACTOR’S SALES TAX REPORT and shall be submitted with each request for payment. The Town will not make payment to the Contractor until the CONTRACTOR’S SALES TAX REPORTS ARE SUBMITTED. Any and all refunds received by the Town of said taxes shall remain with the Town, and the Contractor shall not be entitled to such refund.

19. Term: The contract shall be for an initial term of 2.4 years (29 months) with an option to renew for two additional one-year periods, upon written mutual consent of all parties. This Contract, unless amended as provided herein, shall be in effect until October 31, 2022.


This Contract is between the Town of Hillsborough and CrowderGulf, LLC for disaster debris clearance and removal services.

IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names.

CrowderGulf, LLC

_______________________________ ___________________________________

SIGNATURE PRINTED NAME & TITLE

_______________________________ ___________________________________

WITNESS PRINTED NAME & TITLE


________________________________________________

TOWN MANAGER

________________________________________________

PRINTED NAME & DEPARTMENT

ATTEST BY TOWN CLERK:

____________________________

TOWN CLERK TOWN SEAL

Town Clerk attests date this the ______day of ___________, 20____.

Approved as to Form and Authorization

______________________________

TOWN LEGAL STAFF

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.

_________________________________ ___________________________________

FINANCE OFFICER DATE

EXHIBIT A


EXHIBIT B

Additional Provisions for Contracts Funded Through Federal Assistance,

Including Provisions for FEMA Assistance, Reimbursement Contracts

This Contract for purchases, services, construction or repairs to be provided by the Contractor hereto to the Town of Hillsborough is funded, in whole or in part, by Federal assistance in the form of grant, sub-grant, loan or reimbursement either directly to the Town as a recipient or to the Town as a subrecipient of funding provided from the Federal government to an agency of the State of North Carolina or to another pass-through agency. Accordingly, the following Federal provisions apply to this Contract pursuant to 2 CFR § 200.326 and 2 CFR Part 200, Appendix II, as applicable.

A. All Contracts – Compliance with Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. [2 CFR Part 200, App. II (I)]

B. Certain Contracts – Compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Contractor will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan. [2 CFR Part 200, App. II (H)]

C. Certain Contracts – Compliance with Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. [2 CFR Part 200, App. II (F)]

D. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with Davis-Bacon Act, as amended (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Contractor is required to pay wages to

laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor must pay wages not less than once a week. The Town must place a copy of the current prevailing wage determine issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The Town must report all suspected or reported violations to the Federal awarding agency. [2 CFR Part 200, App. II (D)]

E. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding agency. [2 CFR Part 200, App. II (D)]

F. All Contracts of $10,000 and above – Termination by Town. The Town reserves the right to immediately terminate any agreement in excess of $10,000 in the event the Contractor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. The Town also reserves the right to terminate the Contract for convenience, with thirty (30) days written notice to the Contractor, if the Town believes, in its sole discretion, that it is in the Town’s best interest to do so. In the event the Town terminates this Contract for convenience, the Contractor will be compensated for work performed and accepted and goods accepted by the Town as of the termination date. Any award under this procurement process is not exclusive and the Town reserves the right to purchase goods and services from other vendors when it is in the best interest of the Town. [2 CFR Part 200, App. II (B)]

G. Contracts for purchases exceeding $10,000 in value for a single item or through cumulative acquisition – Compliance with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (Procurement of recovered materials (2 CFR §200.322]). In performance of this contract, contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [2 CFR Part 200, App. II (K)]

H. All contracts in excess of $100,000 – Compliance with Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must disclose any lobby with non-Federal funds that takes place in connection with obtaining any Federal

award. Such disclosures are to be forwarded from tier to tier up to the non-Federal award. [2 CFR Part 200, App. II (J)]

I. Contracts in excess of $100,000 involving employment of mechanics or laborers (where applicable) – Compliance with Contract Work Hours and Safety Standards Act 40 U.S.C. 3702 and 3704 (40 U.S.C. 3701-3708, as supplemented by Department of Labor regulations [29 CFR Part 5]). Per 40 U.S.C. 3702, Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Per 40 U.S.C. 3704, no laborer or mechanic involved in construction work can be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. [2 CFR Part 200, App. II (E)]

J. All Contracts of $150,000 and above - Breach or Violation of Terms by Contractor. The Town reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach or violation of terms of this Contract by the Contractor. [2 CFR Part 200, App. II (A)]

K. Contracts in excess of $150,000 – Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). [2 CFR Part 200, App. II (G)]

L. Construction Contracts (except as provided under 41 CFR Part 60) – Equal Employment Opportunity Clause under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” During the performance of this Contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.

(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the

Contractor may request the United States to enter into such litigation to protect the interests of the United States. [2 CFR Part 200, App. II (C)]

ADDITIONAL REQUIREMENTS – FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE, REIMBURSEMENT

M. Changes. Any change in the contract cost, modification, change order, or constructive change must be allowable, allocable, within the scope of its funding, grant or cooperative agreement, and reasonable for the completion of project scope. All changes and/or amendments to the contract will be outlined in detail, formalized in writing, and signed by the authorized representative of each party. Contractor’s failure to do so shall constitute a material breach of the contract.

N. Access to Records. The following access to records requirements apply to this contract:

(1) The contractor agrees to provide the North Carolina Division of Emergency Management, the Town of Hillsborough, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

O. Department of Homeland Security Seal, Logo, and Flags. The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

P. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

Q. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

R. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.

S. Contract Work Hours and Safety Standards Act (29 CFR 5.5(b)(c)). The following provisions apply to any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate

not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The Town of Hillsborough shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

T. Contracts in excess of $150,000 – Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. The contractor agrees to include the provisions of section K above in each subcontract. The contractor further agrees to report each violation to the Town of Hillsborough, and agrees that the Town of Hillsborough will, in turn, report each violation as required to assure notification to the NC Division of Emergency Management, FEMA and the Regional Office of the Environmental Protection Agency (EPA).

ADDITIONAL PROVISIONS - OTHER

In addition to the above provisions required by 2 CFR § 200.326 and 2 CFR Part 200, Appendix II, this Contract is subject to additional Federal regulations including, but not limited to, the following:

U. Non-Profit Organization Subrecipients – Records Retention Requirements. Except for certain exceptions outlined in 2 CFR § 200.333, records pertinent to this Contract must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report. [2 CFR § 200.333]

V. All Contracts. Additional Requirements by Federal Awarding Agency. This Contract may be subject to additional requirements of the Federal awarding agency as may be specified in grant

agreements, grant award documents and/or other documents or correspondence associated with the Town’s acceptance of Federal funding.


Meeting Date: _June 29, 2020______________

Department: __Finance_____________________




AGENDA ITEM #

3.F

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Finance Director Daphna Schwartz

ITEM TO BE CONSIDERED Subject: Budget and purchase order transfers from FY2020 to FY2021

Attachment(s): 1. Proposed transfers

Brief Summary: At the end of each fiscal year, a small number of purchase orders and small amount of current-year budgeted funds are carried over to the next fiscal year to facilitate completion of ongoing projects soon after fiscal year-end. The attachment to this abstract is a list of purchase orders and appropriated funds from the current fiscal year that the town’s management has requested to be carried over to the next fiscal year to complete these projects. These purchase orders and budgeted funds will be added to the next fiscal year’s adopted budget.

Action Requested: Approve as proposed.

ISSUE OVERVIEW

Background Information & Issue Summary: None

Financial Impacts: As described in the attachment.

Staff Recommendations/Comments: Approve as proposed.

Purchase Order Rollover List FY2020 to FY2021

Description Vendor Name

PO

Number

Amount Requested

to be Rolled Over to

FY2021 Justification for Roll Over

DUES & SUBSCRIPTIONS N C CITY & COUNTY MGMT ASSN 26213 200.00 ICMA provided renewal extension

MISCELLANEOUS UNIVERSITY OF NC AT CHAPEL HILL 27070 1,000.00 Services will be provided in FY21,

MISCELLANEOUS

CAVANAUGH MACDONALD

CONSULTING 25913 865.00 Report will arrive during FY21

MISCELLANEOUS

CAVANAUGH MACDONALD

CONSULTING 27087 431.80 Report will arrive during FY21

C.S./ENG REVIEW VHB ENGINEERING, P.C. 27004 16,630.00

A contract was recently signed;

work will cross fiscal years.

MAINTENANCE - BUILDINGS PRIME POWER SERVICES, INC 27026 2,801.00

Contract service for generators

recently signed.

MAINTENANCE - BUILDING PRIME POWER SERVICES, INC 27026 905.00


recently signed.

MAINTENANCE - BUILDING

SERVPRO OF SOUTH DURHAM

& ORANGE COUNTY 27031 7,303.91

Contract for facility repairs delayed

due to vendor's schedule

DEPARTMENTAL SUPPLIES LAWMEN'S SAFETY SUPPLY 27049 977.16

The goods may not be received

until July.

UNIFORMS READS UNIFORMS INC 26962 600.00

The goods may not be received

until July.

UTILITIES DUKE ENERGY 26922 12,855.17 Electrical Services

SUPPLIES - DEPARTMENTAL BANK OF AMERICA NA 25284 442.01 Warning & Street Signs

SUPPLIES - DEPARTMENTAL BANK OF AMERICA NA 26263 200.00 Operational Supplies

C.S./ENGINEERING

SUMMIT DESIGN &

ENGINEERING SVCS PLLC 25290 5,743.75 Ongoing Engineering Services

C.S./ENGINEERING

SUMMIT DESIGN &

ENGINEERING SVCS PLLC 26123 3,678.75 Ongoing Engineering Services

CAPITAL - INFRASTRUCTURE

SUMMIT DESIGN &

ENGINEERING SVCS PLLC 26584 49,471.00 Valley Forge Design


SUMMIT DESIGN &

ENGINEERING SVCS PLLC 26814 10,745.00 Valley Forge Monitoring

DEPARTMENTAL SUPPLIES

ARCADIS G&M OF

NORTH CAROLINA, INC 26208 500.00 Powell Bill Map

C.S./BULK CONTAINERS RENTAL & HAULBANK OF AMERICA NA 26120 2,312.28 GFL dumpsters

MUSEUM MAINTENANCE CEDAR GROVE MAINTENANCE INC. 26341 2,000.76 Museum repairs

MUSEUM MAINTENANCE CLEGG'S TERMITE & PEST CONTROL 26512 200.00 Pest Control

MUSEUM MAINTENANCE WARREN-HAY MECHANICAL CONT 26797 300.00 Boiler Inspection


C.S./GIS

SUMMIT DESIGN &

ENGINEERING SVCS PLLC 26759 8,425.00 Work will cross fiscal years.

TRAINING/CONF./CONV. BANK OF AMERICA NA 27100 125.00

Supervisor training that was

scheduled for 6/16 and will be

rescheduled.

MAINTENANCE - PLANT & EQUIPMENTCHARLES R UNDERWOOD INC 27095 1,500.00 Equipment is in the shop for repair.

CHEMICALS UNIVAR USA INC 27115 4,272.21

Alum ordered in FY20 that will not

arrive until FY21.

CHEMICALS BRENNTAG MID-SOUTH INC 26989 2,700.00

Goods were ordered but

not delivered.

C.S./GENERATOR LOAD TESTING GREGORY POOLE EQUIPMENT CO 27033 4,914.34

This PO covers a two year service

agreement.

CAPITAL - EQUIPMENT TBD 27080 95,000.00

Main console replacement project

out for bids now.

MAINTENANCE - EQUIPMENT PRIME POWER SERVICES, INC 27026 4,697.00


recently signed.

MAINTENANCE - INFRASTRUCTUREMANGUM'S NUISANCE WILDLIFE 26944 1,500.00 Ongoing project.


TAYLOR ENGINEERING

& CONSULTING 27025 35,290.00

McAdams Rd. project

design underway

CAPITAL - INFRASTRUCTURE N C D E N R 27079 150.00 Permit fee for McAdams Rd

MAINTENANCE - EQUIPMENT PRIME POWER SERVICES, INC 27026 17,434.00


recently signed.

MAINTENANCE - INFRASTRUCTUREMERRICK & COMPANY 26625 26,280.00 Ongoing project.

MAINTENANCE - INFRASTRUCTURETPT COATING INC 27069 26,784.83 Work starts in June, ongoing.

MAINTENANCE - EQUIPMENT KEMP CONSTRUCTION INC 27011 20,840.00

This PO is for the repairs needed

on one of the effluent filters. The

project was delayed to FY21 at the

request of Eric Peterson.

MAINTENANCE - EQUIPMENT PREMIER WATER LLC 27039 3,319.00

The parts are on back-order and

may not be received until FY21.

MAINTENANCE - INFRASTRUCTURECOLOR AD INC. 27061 5,802.00

The sign ordered is still being

fabricated and will likely not be

installed until July.

ARBITRAGE

BINGHAM ARBITRAGE

REBATE SERVICES, INC. 27086 1,300.00

Contract signed in FY20, report will

be delivered in FY21

C.S./ENGINEERING HAZEN AND SAWYER, P.C. 27077 45,000.00

Scope finalized, executing contract

before FY21

C.S./UTILITY ANALYSIS

P3 COST ANALYSTS

FRANCHISE, LLC 27021 934.78 Utility Audit Cost Savings


C.S./UTILITY ANALYSIS

P3 COST ANALYSTS

FRANCHISE, LLC 26492 5,111.34 Utility Audit Cost Savings

DATA PROCESSING SERVICES TYLER TECHNOLOGIES INC 26945 6,633.00

AR Module will be implemented in

FY21, delayed due to COVID-19

METROPOLITAN PLANNING ORGANIZATIONVHB ENGINEERING, P.C. 27004 49,890.00

contract recently signed, work will

cross fiscal year

TELEPHONE/INTERNET BRIGHTSTAR COMMUNICATIONS, INC 26216 8,123.73 delivery will not occur until July

SUPPLIES - DISASTER SAFETY PRODUCTS INC 26390 99.60 Ongoing COVID-19 Expenses

SUPPLIES - DISASTER SAFFELLE INC 26992 80.31 Ongoing COVID-19 Expenses

SUPPLIES - DISASTER BANK OF AMERICA NA 27002 300.00 Ongoing COVID-19 Expenses

SUPPLIES - DISASTER SAFFELLE INC 27008 557.70 Ongoing COVID-19 Expenses

SUPPLIES - DISASTER NORDAN, CONSUELO 27012 158.13 Ongoing COVID-19 Expenses

SUPPLIES - DISASTER BROUGH LAW FIRM 27013 3,184.00 Ongoing COVID-19 Expenses

SUPPLIES - DISASTER BANK OF AMERICA NA 27017 1,842.72 Ongoing COVID-19 Expenses

SUPPLIES - DISASTER BANK OF AMERICA NA 27101 399.80 Ongoing COVID-19 Expenses

502,811.08


Meeting Date: _June 29, 2020_______________





AGENDA ITEM #

3.G

Consent Agenda

Regular Agenda

Closed Session


ITEM TO BE CONSIDERED Subject: Ordinance Amending Town Code Chapter 14 Regarding Water Tampering Language

Attachment(s): 1. Draft Ordinance

Brief Summary: Per North Carolina G.S. 14-151 there are only two ways for a local government to address meter tampering. The local government may either prosecute the offender criminally or sue the offender civilly. A local government, however, may charge the property owner for any metered water usage or estimated water usage and may also pull the meter altogether and then charge a fee to replace it. The attached ordinance removes language in the town code that references charging a monetary fee for tampering. The ordinance is necessary to bring the town code in compliance with the current state statute.

Action Requested: Approve the ordinance.

ISSUE OVERVIEW

Background Information & Issue Summary: See above.

Financial Impacts:

Staff Recommendations/Comments: Approve the ordinance.

AN ORDINANCE AMENDING TOWN CODE CHAPTER 14 REGARDING TAMPERING WITH TOWN WATER METERS

WHEREAS, the Town of Hillsborough, a North Carolina municipal corporation (the “Town”) has a duly adopted Town Code of Ordinances (the “Code”); and WHEREAS, Chapter 14 of the Code establishes regulations related to water and sewer services provided by the Town; and WHEREAS, Chapter 14 includes provisions establishing penalties for tampering with Town-owned water meters, some of which provisions have been superseded by State law; and WHEREAS, the Town Board wishes to amend the Town Code to make it consistent with State law regarding penalties for tampering with water meters. NOW, THEREFORE, be it ordained by the Town of Hillsborough Board of Commissioners the following: Section 1. Town Code Section 14-13(a) is amended to read as follows:

(a) Bills shall be mailed out at the beginning of each month and become delinquent if not paid by the bill due date, which will be no sooner than two weeks after the bill is mailed. A late penalty charge will be assessed on the penalty date for all delinquent accounts. If the bill is not paid in full or otherwise resolved by the close of the business day on the disconnect date, the meter will be turned off and locked. There will also be a delinquency fee (refer to the town’s fees, rates and charges schedule) added to the account. Service will be reconnected when the current bill, past due bills, late penalty and delinquency fee are paid in full. Termination of service for non-payment will not take place on Friday or the day before a holiday. If any tampering to the meter or service connection occurs, the meter will be locked, and service will not be reconnected until all delinquent fees are paid in full or a payment arrangement is approved. Repeated tampering will result in removal of the meter.

Section 2. Town Code Section 14-16 is amended to read as follows: No unauthorized person may:

(1) Supply or sell water from the town system to other persons or carry away water from any hydrant, public water fountain, or other such public outlet without specific authorization from the town;

(2) Manipulate, tamper with, or harm in any manner whatsoever any waterline, sewer

line, main, or appurtenance or any other part of the water or sewer system including,

but not limited to, any testing or inspection device used to measure the character or concentration of wastes discharged into the sanitary sewer system;

(3) Tamper with the water meter so as to alter the true reading for the amount of water

consumed;

(4) Attach or cause to be attached any connection to the waterline before the water meter.

(5) Knowingly make any false statement, representation, or certification in any

application, record, report, plan or other document filed or required to be maintained under this chapter.

(6) Use of water from the town system without written permission from the town.

Section 3. All provisions of the Code n conflict with this Ordinance are repealed. Section 4. This Ordinance shall become effective upon adoption. The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this __ day of ______, 2020. Ayes: _____

Noes: ____

Absent or Excused: ______


Meeting Date: _June 29, 2020_______________





AGENDA ITEM #

3.H

Consent Agenda

Regular Agenda

Closed Session


ITEM TO BE CONSIDERED Subject: Sole Source Purchases

Attachment(s): 1. Core & Main Sole Source Form and Letter

Brief Summary: Per North Carolina General Statute 143-129(e)(6) the Board of Commissioners must approve any sole source purchases over $29,999. Per the statute, the sole source purchasing exception only applies if performance or price competition for a product is not available, a needed product is available from only one source of supply, or standardization or compatibility is the overriding consideration. Staff has reviewed the sole source forms attached and feels each one meets the aforementioned requirements.

Action Requested: Approve sole source purchases.

ISSUE OVERVIEW


Financial Impacts: None; these expenditures are part of the annual budget.

Staff Recommendations/Comments: Approve sole source purchases.

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122

EXHIBIT I SOLE SOURCE JUSTIFICATION FORM

This form must be completed for all Sole Source purchase requests and submitted to the Finance

Department for approval prior to obtaining Town Manager approval; or submitting a Consent Item for BOC

approval.

For informal purchases not requiring Town Manager or BOC approval, the completed form must

accompany the Purchase Requisition whenever a sole source purchase is requested. However, I am

requesting sole source approval based on the following criteria.

Requestor: Tyrone Hodge Date: June 17,2020

Requestor Title: Meter Services Supervisor Department: Financial Services

Phone: 919-201-4056 Requisition Number: Pending

Product: Meter Supplies Total Purchase Amount:$162,823 FY21 Budget

I am aware that N.C. G.S. 143-129 and the Town s Procurement Policy mandate that the Town of

Hillsborough procure all apparatus, supplies, materials and equipment totaling $30,000 or more by

competitively bidding.

Recommended Sole Source Vendor:

Company Name: Core & Main

Contact Name: Korey Battles and Danny Lee

Address: 121 International Drive

City, State, Zip: Morrisville, NC 27560

Telephone: 919-467-8884

2. Is the recommended company the manufacturer? Yes No

3. Does the manufacturer sell the item(s) through distributors? Yes No

SOLE SOURCE RATIONALE

A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor

A specific item is needed:

to be compatible or interchangeable with existing hardware,

as spare or replacement hardware,

for the repair or modification of existing hardware, or

for technical evaluation or test.

other (Provide information below)

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122

Last revised on 12/31/2018

There is a substantial technical risk in contracting with any other contractor, thereby making that

an unacceptable course of action (e.g., where only one contractor has been successful to date in

implementing a difficult manufacturing process). In a brief explanation, provide supporting

evidence of other contractors with relevant capabilities and emphasize their inability to overcome

the substantial technical risk.

The requested product is essential in maintaining standardization and the use of another product

would require considerable time and money to implement or evaluate.

The product must be compatible to existing equipment in order to operate adequately; or maintain

existing warranties.

If this project is technology related, has it been reviewed and approved by IT staff?

No. (If No, you must complete this process before submitting the sole source form)

Yes. (If Yes, provide IT staff documentation or the date of IS staff approval so we may

confirm the project status.) IS staff approval date:

1. Provide detailed information about why you need to acquire these goods:

The Town routinely installs new meters and replaces old meters. Neptune meters are required so the

meters can be read with our current meter reading software.

2. Has your department bought these goods in the past? Yes No

2a. Who was the contractor/supplier?

Core & Main

2b. Was the requirement competitively bid or declared a sole source?

The meters were most likely competitively bid years ago when the Town decided to install Neptune

Meters. Since then the meters have been purchased only from Core & Main as a sole source

purchase.

2c. What was the last date and price paid for goods?

April 2020 $1,051

3. Why are the requested goods the only item that can satisfy your requirements? Indicate the unique

features of the product that are not available in any other product. Provide specific, quantifiable factors

and qualifications.

The Town made a decision years ago to install Neptune meters. Core & Main is the only supplier of

Neptune Meters in North Carolina.

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4. Were alternative goods evaluated? Yes No

4a. If yes, what were they and why were they unacceptable? Please be specific with regard to

features, characteristics, requirements, capabilities and compatibility.

4b. If no, why were alternatives not evaluated?

Alternatives were likely evaluated when the Town initially chose Neptune meters.

However, since Neptune meters were chosen, the Town must use Core & Main to

purchase meters and related supplies since it is the sole supplier of the Neptune

Technology Group Products.

5. What efforts were made to get the best possible price?

The Town routinely ask for pricing quotes from Core & Main.

6. Will this purchase obligate the Town to this vendor for future purchases? Yes No

6a. If yes, please provide details regarding future obligations and/or needs:

The Town has been obligated to this vendor since deciding to purchase Neptune meters.

The Town will need to continue to purchase meters from Core & Main unless another

distributor is approved for North Carolina.

7. Why is the price for this purchase considered to be fair and reasonable?

Core & Main is the sole supplier of the Neptune meters. There is no other distributer to get

price quotes from.

8. What will be the financial or other impact to your department if this sole source is not approved and a

competitive bid is required?

If this sole source is not approved, the Town will need to go through the bid process for meters and

a new reading system. Since Neptune meters will still exist in the Town, the Meter Services Team

will need to use two meter reading programs. This scenario would create the opportunity for error

and create extra work for the meter reading team, the billing department and possibly cause issues

with our current billing software.

TERM

One Time Purchase Ongoing Purchase

Procurement begin date: Procurement end date:

I certify that the above information is true and correct and that I have no financial or other beneficial

interest in the vendor or product.

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Date

June 22, 2020

Finance Director Date

Mayor Date

1

NEPTUNE TECHNOLOGY GROUP 1600 Alabama Highway 229 South,

Tallassee, AL 36078

Telephone: (800) 633-8754 Fax: (334) 283-7293

www.neptunetg.com

6/16/2020

To whom it may concern,

Core & Main Morrisville NC is the sole distributor of Neptune Technology Group products within the

state of North Carolina. As such, they are the only entity authorized to sell the Town of Hillsborough

NC NTG products or services.

Regards,

Dustin Doyle

Territory Manager- NC

Neptune Technology Group

http://www.neptunetg.com/



Department: Public Works




AGENDA ITEM #

3.I

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Public Works Director Ken Hines ITEM TO BE CONSIDERED

Subject: Ordinance Amending Chapter 13 of the Town Code regarding size of double monuments in the Town Cemetery

Attachment(s): 1. Draft revised town ordinance; Chapter 13 Cemeteries, Article IV. – Mausoleums and Markers, Section 13-18,

item (b)

Brief Summary: Two monument companies have contacted the town to request the dimensions of double marker monuments be increased in length. Currently, the maximum size of double markers is 52 inches by 18 inches. The monument companies would like to see the dimensions increase to 66 inches by 18 inches. The size of two gravesites is 96 inches wide so this would allow 15 inches of space on either side of the monument which would be sufficient for the larger stone and not affect surrounding monuments. Larger stones not meeting town code do exist in the Town Cemetery.

Action Requested: Approve/disapprove a revision of the Town Code, Chapter 13 Cemeteries, Article IV. – Mausoleums and Markers, Section 13-18, Item (b) that increases the size of double markers to 66 inches by 18 inches.

ISSUE OVERVIEW

Background Information & Issue Summary: The revision would enable monument companies to install larger stones that meets industry standards for the size of the monument.


Staff Recommendations/Comments: Approve amending the Town Code of Ordinances to increase the size of double markers.

DRAFT

AN ORDINANCE AMENDING Chapter 13, CEMETERIES

ARTICLE IV. - MAUSOLEUMS, MONUMENTS AND MARKERS

SEC. 13-18, ITEM (b)

The Board of Commissioners of the Town of Hillsborough ordains:

SECTION 1. All section references below refer to the Town of Hillsborough Code, Chapter 13,

Article IV, Sec. 13-18

SECTION 2. Section 13-18 Monuments and Markers

Section 13-18, item (b) shall be replaced with the following revision:

(b) Grave space markers shall be composed of either a marble or granite base and shall

be a maximum size of 66 inches by 18 inches (double) and 28 inches by 16 inches

(single). No marker composed of a brick or concrete base or border shall be permitted.

All markers in zones 9, 10, 11 and 12 must be flat markers level with the surrounding

ground.

SECTION 3. All provisions of any Town Ordinance in conflict with this Ordinance are repealed.

SECTION 4. This ordinance shall become effective upon adoption.

The foregoing ordinance having been submitted to a vote, receiving the following vote

and was duly adopted the 29th day of June 2020.

Ayes: __ _

Noes: __ _

Absent or Excused: ___ _

(Prior Code, Sec. 13-18; Ord. of 6-11-2001; Ord. of 1-12-2004)

Katherine Cathey

Town Clerk



Department: Governing Body




AGENDA ITEM #

4.A

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Matt Hughes, Commissioner ITEM TO BE CONSIDERED

Subject: Resolution designating Juneteenth an official holiday in the Town of Hillsborough

Attachment(s): 1. Resolution

Brief Summary: Annual observance of Juneteenth would provide residents and employees of the Town of Hillsborough an opportunity to reflect on the impact of slavery and remember those who were enslaved here and their profound contributions to our community. With approval of the resolution, the Hillsborough Board of Commissioners will designate Juneteenth as an official town holiday and urge our state and federal legislators to sponsor legislation making Juneteenth an official state and federal holiday.

Action Requested: Approve resolution.

ISSUE OVERVIEW

Background Information & Issue Summary: N/A

Financial Impacts: N/A

Staff Recommendations/Comments: N/A

RESOLUTION Designating Juneteenth an Official Holiday in the Town of Hillsborough

WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation declaring “all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free;” and

WHEREAS, President Lincoln’s Emancipation Proclamation, signed on September 22, 1862, became effective on January 1, 1863, thereby freeing slaves of this nation’s original sin of human bondage throughout much of the United States of America, including North Carolina and the Town of Hillsborough; and

WHEREAS, Union General Gordon Granger was dispatched to Galveston, Texas to announce the surrender of Confederate General Robert E. Lee and on June 19, 1865 declared the freedom of slaves still held in human bondage in the State of Texas; and

WHEREAS, Juneteenth, also known as Freedom Day, Jubilee Day, Liberation Day, and Emancipation Day, is recognized in 47 states, with mostly ceremonial observances and only the State of Texas recognizing Juneteenth as an official state holiday; and

WHEREAS, Governor Beverly Eaves Perdue was the first governor to proclaim the observance of Juneteenth in the State of North Carolina in June 2010; and

WHEREAS, the Government of the United States of America does not recognize Juneteenth as a federal holiday; and

WHEREAS, members of Congress, including Senator Kamala Harris of California and Senator Cory Booker of New Jersey, have recently introduced legislation to recognize Juneteenth as a federal holiday; and

WHEREAS, annual observance of Juneteenth would provide residents and employees of the Town of Hillsborough an opportunity to reflect on the impact of slavery and remember those who were enslaved here and their profound contributions to our community; and

NOW, THEREFORE, BE IT RESOLVED the Hillsborough Board of Commissioners designates Juneteenth as an official town holiday; and

BE IT FURTHER RESOLVED, the Hillsborough Board of Commissioners urges our state and federal legislators to sponsor legislation making Juneteenth an official state and federal holiday; and

BE IT FURTHER RESOLVED, the Hillsborough Board of Commissioners directs the town clerk to transmit a copy of this resolution to the Orange County Board of Commissioners, Orange County Board of Education, Chapel Hill Town Council, and the Carrboro Town Council.

Approved this ___ day of _________ 20____.

Seal

Jenn Weaver, Mayor Town of Hillsborough


Meeting Date: June 29, 2020 Department: Administration - Budget


Date of Public Hearing: ___June 8, 2020________________

For Clerk’s Use Only AGENDA ITEM #

4.B

Consent Agenda

Regular Agenda

Closed Session


ITEM TO BE CONSIDERED Subject: FY2020-21 Annual Budget and Financial Plan

Attachment(s): 1. Memo from the town manager on budget additions2. Unfunded requests “Add List” per budget workshop3. Budget Justification Forms and supplemental information for unfunded requests discussed at the budget

workshop4. Budget Ordinance5. Revenue & Expenditure Summaries for each fund Fees & Charges Schedule6. Response to public hearing questions

Brief Summary: At the Budget Workshop, town board members mentioned several unfunded budget requests for possible funding. Staff has reviewed these requests and, in some cases, provided additional information to help inform the board’s decision. The budget team has also provided some questions below for board consideration.

Action Requested: - Consider unfunded requests for possible addition to FY2021 recommended budget.- Adopt FY2021 budget.

ISSUE OVERVIEW Background Information & Issue Summary:

Revenue Update • General Fund – March sales tax revenues were slightly higher than projected in the June 3 version of the

budget, likely attributed the bulk buying that occurred that month. These increases were however partially offset by other revenue sources coming in slightly lower than anticipated. No major change in revenue projections for FY2021 are being proposed at this time, with only slight tweaks reflected in the updated General Fund revenue page included in this packet. We will continue to monitor revenues in the new fiscal year and adjust as needed.

• Water and sewer charges – no change in anticipated in FY2020 or FY2021 collections. • Stormwater charges – no change is anticipated in FY2020 or FY2021 collections.

Expenditure Update

• General Fund o Minor tweaks to expenditure estimates, no changes to funded/unfunded requests.

• Water & Sewer Fund o Sewer pump station generators were added to the Wastewater Collection budget ($219,000).

Perpetual maintenance fee reserves are being used to fund this expense, so no additional impact on rates or retained earnings.

• Stormwater Fund – no changes to funded/unfunded requests. • FY2019 cost allocations were reviewed, and it was determined that the allocations were posted based on

budget amounts rather than actual expenditures. These cost allocations were recalculated based on year-end actuals, and the overages charged to the Water & Sewer Fund and the Stormwater Fund will be reduced from FY2020 cost allocations. The impact to each fund is shown below and is also represented in the updated expenditure summaries for each fund.

o General Fund – $356,351 expense o Water & Sewer Fund – $340,522 refund o Stormwater Fund – $15,849 refund

• COVID-19 Expenses – Staff reviewed FY2020 expenses and estimated those that the town will continue to incur into FY2021, as well as new expenses that may emerge as offices re-open to the public. To better track these expenses and make it easier to seek reimbursement for eligible expenses from FEMA, new Disaster Relief budget units were added to each of the three funds. Except where noted, this represents new adds to the budget.

o General Fund - $47,875 (includes $15,000 for daily park restroom disinfection previous budgeted in Public Space)

o Water & Sewer Fund - $31,909 o Stormwater Fund - $1,755

Budget “Add Backs”

• Included in the agenda are the justification forms for the ten unfunded budget requests discussed at the June 8 workshop.

• Currently, the General Fund is projected to need $422,907 in a fund balance appropriation to balance the budget. Any additions to the budget will increase this fund balance amount.

• Funding Options & Considerations: o The decision to fund any potential budget adds does not have to be made prior to budget adoption.

This decision can be made at any time and a budget amendment can be processed to appropriate applicable funds. Continuing the discussion into the new fiscal year also buys time to get the audit results as well as get a better gauge of how revenues are looking.

o The board can direct staff to add an unfunded budget request discussion to an upcoming meeting agenda.

o The board can decide to fund all, some, or none of the requests. o How do budget “adds” compare to reinstating funding for personnel, operating or capital expenses

that were cut to balance this year’s budget? For example, several positions were frozen and

computer refreshes and vehicle and equipment replacements were delayed until at least July 1, 2021.

o Do you need additional information about any of the unfunded budget requests to make a more informed decision?

Financial Impacts: Recommended Budget:

• General Fund - $10,423,544 (35% fund balance); no rate increase. • Water & Sewer Fund - $11,088,318 (69% retained earnings); no rate increases. • Stormwater Fund - $657,330 (101% retained earnings); no rate increase.

Staff Recommendations/Comments: Adopt the FY2021 budget.

MEMORANDUM

TO: Mayor Weaver & Board of Commissioners FROM: Eric Peterson, Town Manager DATE: June 25, 2020 SUBJECT: Comments/priority rankings/recommendations for request FY21 budget additions

Suggested additions have been made from board members and departments. In a typical year it’s likely that all the requests would have been included in the FY21 or FY22 budget as they address needs that are not going away. As everyone knows, few new items were included in the FY21 proposed budget due to COVID‐19. To assist the board in weighing and deliberating whether to add some, all, or none of the additions, staff included the budget justification forms along with some new information as attachments. The purpose of this memo is to supplement that information with a few quick thoughts (in blue font) and a ranking of the items under consideration. There are only three total additions for the water/sewer and stormwater funds. Two are to fund COVID‐related expenses and the other is for emergency generators at two pump stations. Budget impact from those items is minimal. The general fund requests are ranked 1‐10 in priority order, from the town manager’s perspective. The current unfunded list was reviewed to see if there were other items of higher priority that should be considered for displacing any of the items listed below. Good arguments could be made for exchanging some items, but nothing glaring jumped out enough to remove any of the items below from consideration. Items 1 – 6: either a top priority, address a major inefficiency, reduce risk, appear to be a good value, provide

opportunities to improve in critical areas, or were inadvertently removed from the recommended budget. Recommendation: add to budget.

Items 7 – 8: operational needs that improve accountability, efficiency, and aid with succession planning. If not done in FY21 they likely should be funded the following year. Recommendation: If not added, re‐evaluate mid‐year or for FY22.

Items 9‐10 are not operational, considered more discretionary based on town board priorities, and their comfort levels with overall finances. Board decision.

General Fund

1. COVID‐19 related costs ($47,875), such as cleaning, legal, translation, IT‐related (video conferencing, hot spots, phones), and other items. Essential operational costs.

2. Diversity, equity and inclusion initiative (Admin. ‐ $15,000; original request was for $10,000, staff is requesting an additional $5,000 after additional research into options and costs). HR has been exploring various racial equity training options for all employees since last fall. This was a high priority going into the early budget process. Excellent programs accompanied by on‐going support have been identified as HR continues to prepare for implementation, if funded. Given the current heightened level of awareness regarding racial injustice, the importance for the town to identify problems, improve, and a lead in this area makes this a top priority.

3. Budget software (Administration ‐ $29,600). Please read the budget director’s supplemental explanation on this

request. The manual process is time consuming, highly wasteful, prone to errors (human and software), has made our current budget document/processes unsustainable given staff workload limitations, increases time spent/wasted and frustration in all town departments, current staff have regularly worked excessive hours for the last 10+ years with current system, cutting the part‐time budget tech position after the first quarter of FY21 will

exacerbate problems further, and departure of either the budget director or assistant to the manager/deputy budget director would put the town in a difficult position. This is a top priority.

4. Upgrade training position to a sergeant level position and increase by ¼ FTE from 0.75 to 1.0 FTE (Police ‐ $24,474).

Supports critical function that’s often neglected in other departments. Essential to HPD success. High priority.

5. Additional training (Police ‐ $10,000). To place additional focus, support, and improvement on areas of greatest community concern regarding fair, compassionate, and equitable policing. High priority.

6. GPS monitoring fees (Police ‐ $10,000). This is an existing budgetary item and service that track all movements of the

patrol vehicles. It was inadvertently removed from the continuation budget. The GPS units improve accountability, assist with internal reviews, monitor driver safety, and aid in coaching.

7. Training ‐ UNC‐SOG Municipal & County Admin. Course for HR Director/Town Clerk (Admin ‐ $3,800). Most detailed and intense course at SOG. Covers all aspects of municipal government specific to North Carolina. Provides graduates with a wide network of local government employees in various positions that will serve as resources for many years. The HR director/town clerk is currently second in the line of succession of acting managers, only behind the planning director/assistant town manager. The current town manager was eligible for retirement back in 2019 and the planning director/assistant manager is eligible for early retirement, with full retirement in about 2 ½ years. From a succession planning and options perspective, attendance sooner rather than later at this outstanding course is a good long‐term investment for the town.

8. Property room storage system (Police ‐ $15,000). Addresses need that is not going away, while improving the efficiency of managing this task, as well as accountability for evidence.

9. Hillsborough Arts Council ($13,200) and Exchange Club ($7,500) requests exceed the $20,000 already funded in

Special Appropriations by $700. Either authorize the additional $700 or decide how to reduce the requests accordingly.

10. Inclusive play equipment at Gold Park (Public Space ‐ $25,000). This is not an operational item that impacts daily

operations and can be more easily deferred than other unfunded items and thus the reason for ranking it below the operational items above.

Water & Sewer Fund

COVID‐19 related costs ($31,909). Essential.

Sewer pump station generators (Wastewater Collection ‐ $219,000 funded via perpetual maintenance fee reserves, which is a restricted revenue source that has no impact on rates and provides long‐term benefit). High priority. Recommend funding to address emergency power needs at these two stations, free staff time during emergencies by not having to monitor, connect and sometimes rotate portable generators during/after storms. Addresses capital and operational need by using restricted funds that have essentially been idle in a more effective long‐term manner.

Stormwater Fund

COVID‐19 related costs ($1,755). Essential.

Questions for Staff

Town staff will be available to answer questions from the board and provide additional information, thoughts, and perspectives on the items listed above. Hopefully all the information in the abstract and discussion with staff during the meeting will help the board think through these final decisions before adoption.

Add List per Budget Workshop

Department Category Request Comments FY21

General Fund

Administration ‐ Budget Capital Budget SoftwareSoftware to automate a very manual budget process that is currently based in Excel. 29,600$

Administration ‐ HR Operating Diversity, Equity & Inclusion Initiative

Diversity, equity and inclusion organizational assessment, strategic planning and training services. An additional $5,000 has been added to this request, for a total of $15,000. 15,000$

Administration ‐ HR Operating

UNC‐SOG Municipal & County Administration Course

Course for HR Director/Town Clerk, who is behind only the Planning Director/Assistant Town Manager in the town's chain of command. 3,800$

Police ‐ Administration Personnel Training Sergeant Position Upgrade training position from .75 to 1 FTE to a Training Sgt. Position. 24,474$

Police ‐ Administration Operating GPS Monitoring Fees

Cut from FY21. These devices have been a nice tool but are not essential. Also, there is no contract associated with them, so we can restart these at any time if the funding picture looks better. We will ask to restart in FY22, if possible. 10,000$

Police ‐ Administration Operating Training External training and development. 10,000$

Police ‐ Investigations & Community Service Operating Property Room Storage System

Purchase a storage system to better utilize limited space in Property room and organize property and evidence held by HPD. 15,000$

Public Space Operating Inclusive Play Equipment

Add handicap accessible concrete pads with musical play stations at Cates Creek and Gold Park (Gold Park ‐ $25,000, Cates Creek Park ‐ $15,000) 40,000$

Special Appropriations Operating Community Reinvestment Funds

$20,000 is currently budgeted for Community Reinvestment Funds. The Hillsborough Arts Council requested $13,200, an increase of $1,200 over their FY20 appropriation. The Exchange Club requested $7,500, which is the same amount funded in FY20. To fund both requests at the requested level, an additional $700 is needed. 700$

General Fund Total 148,574$

Water & Sewer Fund

Wastewater Collection Capital Sewer Pump Station Generators Permanent standby generators. Fund w/ perpetual maintenance fee. 219,000$ Water & Sewer Fund Total 219,000$

Budget Software

The budget development process is manual, and many files are built off of, or are connected to each other. This creates potential for errors, and it is time‐consuming to manage updates. Below is additional information that outlines the need for and the benefits of implementing a budget software system. This includes the impact on budget staff and town departments, as well as how the costs can be shared across the town’s three funds.

Benefit 1: Creates a Streamlined Process

Currently, the budget development process and document deliverables are completed manually. The simplest change can take a significant amount of time. For example, as budget staff were completing the June 3 version of the budget workbook, two numbers were identified as incorrect. These errors would have taken several hours to correct due to the trickle‐down impact of having to update all the documents that those numbers roll up into. Changing a dollar amount on a single request requires budget staff to update various documents including, but not limited to: the justification form, spreadsheet, cost allocation (which means a general fund update can trigger updates being needed to both water and sewer and stormwater funds), highlights page, functional area roll up page, fund expenditure page, revenue page, budget message, executive summary, and potentially departmental and master unfunded lists. Budget staff then create new PDF pages and swap out the old pages in the budget document. Depending on which version of the budget staff is working on, it can also mean updates to fund balance, capital reserve, debt, revenues by type, and expenditures by cost area pages. In addition to managing all the individual files, assembling the final document takes a significant amount of time (staff estimates it takes a minimum of 120 hours to complete). All charts and graphs need to be manually updated and inserted into documents, which often means time consuming formatting is needed. The expenditure by cost area page can easily take a day or more to complete since all numbers are manually calculated by department and added together, which is an extremely error prone process, which rectifying can be equated to finding a needle in a haystack. Over the years, we have tried to simplify and streamline the document, but ultimately, there is only so much information you can strip from the document, and it still be the same tool we have come to expect it to be.

Our hope with budget software is to streamline the budget development process. Ideally, we make an update once, then have it automatically update all the impacted sections, which would result in a significant time savings. We plan to see more software demos to ensure this is how it really works, but in theory, we should be able to run a report and all the numbers are updated (much like you would in SmartFusion). One benefit this solution would give us is real time budgeting rather than the hours or days it currently takes to see the impact of a few minor edits. As part of a software package, we are also seeking budget book capabilities. After the initial set up, it should allow us to run a report and get a final document, and then re‐run it anytime updates are made so that it is always current.

Due to the dynamic nature of the budget process, the large number of spreadsheets, and end users involved, as well as the relatively short window in which it is developed, streamlining some of these

calculations and reporting in Excel has proven difficult. The manual nature of the current process makes it error prone with formulas that can be easily over written. We have been fortunate that we have not experienced any significant calculation errors, but this likely can be attributed to the many hours that budget staff spends reviewing entries and formulas. Toggling between tedious tasks such as this, while also trying to develop a budget or consider budget balancing strategies is a real challenge, from both a cognitive as well as time management standpoint.

Additionally, budget software would allow us to run multiple budget scenarios. Currently, we only have one version of the budget and any scenarios that are run require significant time to update across departmental spreadsheets, and then reverse out if ultimately a different course is decided upon. Having this capability would have been helpful this spring as we adjusted the originally proposed budget to reflect the impacts of the coronavirus. With the rapidly evolving situation, being able to easily update projections and run scenarios could have helped inform decisions in a timelier manner.

Benefit 2: Generates Positive Impacts Organization‐Wide

Implementing budget software would not just benefit the budget team but other departments as well. Budget preparation is currently being managed in SharePoint, which many of our users find challenging to navigate, time consuming to upload files and apply metadata, and its intermittent glitches frustrating.

Additionally, one of the drivers to moving to SharePoint was to help with version control. Previously, spreadsheets were emailed back and forth with edits, which made it nearly impossible to make sure everyone was working off the same version. The hope was that with SharePoint, everyone would be working off of the online documents; however, we have found that for a variety of reasons, some departments are downloading their documents for editing and then uploading new documents to SharePoint, potentially wiping out any changes that had been made to online versions in the interim. Implementing budget software would further assist with version control.

Software would also allow us to implement workflow into the budget request process. This would make it easier for departments to track their requests and see whether they have been funded. This would also eliminate the need for budget staff to manually manage multiple unfunded lists, as the information would now be available via a report in the software.

Additionally, human resources staff currently provide salary and benefit projections. These are tracked on spreadsheets, which is manual, and has the potential for data entry or formula errors. It is also difficult to track filled vs vacant positions, leading staff to constantly confirm FTE counts to ensure accurate budget estimates. Tracking the information on the spreadsheets also means that any updates to salaries or benefits need to be manually entered into departmental spreadsheets. Since much of this information becomes available to the town at various points throughout the spring, staff spends a significant amount of time trying to keep the budget spreadsheets current. Budget software would allow us to update benefit assumptions without having to manually key the updates to all thirty‐five departmental budgets.

ERP

Previously, Budget staff considered moving to a software‐based process as part of an ERP conversion. However, after recently sitting through multiple rounds of ERP demos with various vendors, it became clear that the financial module is typically the strongest, while other modules like budget are rather weak and would require a significant amount of customization to meet the town’s needs. In the fall, the budget team demoed several software packages designed specifically for budgeting and found these to largely meet our needs out of the box, with little to no customization required, providing a must better product at a lower cost. Any ERP conversion is likely many years away, and budget software is an immediate need. With the potential of an ERP conversion in the future, compatibility will be a consideration for any budget software selected.

Financials

The budget software would touch and benefit all departments. Cost sharing across the town’s three funds reduces the financial impact on any one fund. Based on the current estimate of $29,600, the impact on the three funds would be as follows:

General Fund ‐ $14,208 Water & Sewer Fund ‐ $14,800 Stormwater Fund ‐ $592

Making the budget technician position a permanent position remains an unfunded request. Not funding this position will further impact the budget team’s workload. The town’s finances continue to become increasingly complicated, requiring more time to manage on a day to day basis, straining our ability to manage it and budget development effectively. One of our goals is to get the budget document finalized in a timelier manner, however just this week we received an initial information request from the town’s auditors. The information being requested is new for the town and will take a significant amount of time to compile, further delaying work on the final document. Having budget software in place would help automate much of these processes, reducing the number of hours needed to prepare the budget and budget document, leaving more time to effectively manage the town’s finances.

We had hoped to propose funding the software via the $20,000 that is budgeted in Information Services each year for mid‐year software needs. This would have covered the upfront cost, plus ongoing costs, with no additional impact since this capacity was already built into the budget. Unfortunately, the pandemic and economic crisis hit, and this was not a mission critical expense. That said, many vendors are now starting to offer incentives, with at least one vendor offering some of their features free for a year. Such incentives may translate into cost savings and/or at least allow us to delay the full cost of implementation, making it easier to move forward sooner rather than later.

Budget Justification Form Department/division: Administration / Budget Request: Budget Software Priority 1‐3 (1=must do; 2=should do; and 3=could do): 2 – Should do Line‐item where funds are requested: Data Processing Services Fiscal year(s) & amount(s) of request: FY21 – $29,600 FY22 – $18,000 FY23 – $18,000 Describe request: A budget software system would transform our budget operations by streamlining the budget process. In our ideal future state, budget would be able to easily set up for the upcoming year’s budget in the system and departments would be able to access and modify their operating and capital budgets in one place and submit budget justifications to the budget team, with workflow set up in the system (i.e. budget gets notification when request submitted). On the back end, budget staff could approve or deny budget requests based on direction from manager and the board, which would automatically sync to the budget. Once the budget has been approved by the board, budget would be able to finalize the budget and the data would be pulled from the system to create the annual budget book. The current budget workflow is very manual, which is not only time intensive, but it also increases the chance for errors. The budget team primarily uses Microsoft Excel and Word, with SharePoint used as the document repository platform. Budget spreadsheets include formulas that need to be checked by budget staff various times throughout the process to ensure that none have been inadvertently modified (as formulas aren’t locked). To provide context, the budget team manages 34 budget units, with each budget unit having countless supplemental submissions and an associated budget spreadsheet that may have up to 150 rows. We are not aware of significant errors in recent years, and that is partially due to how much time is spent checking spreadsheets, but an error could easily occur and be missed. Before the town kicks off the budget season, budget staff spends time updating spreadsheets and budget request templates. On the budget spreadsheets, budget staff update the year‐end actuals, current year projections, remove expansion items, and update formulas ($ change and % change columns), debt payments, salary projections, and cost allocations for each budget unit. With the budget living in Excel and Word files until final adoption, the budget team must manually enter the adopted budget amounts in the financial system prior to the start of the new fiscal year. This is always a time crunch as the budget team is also focused on year‐end processes, such as finalizing budget amendments. Assembling the final budget document is also a manual process. It consists of updating and assembling hundreds of separate documents into one PDF. Our estimated guess is that it takes about 3 weeks of uninterrupted time to assemble the document. In the last few years, we have not been able to finalize the budget book until many months after the budget is adopted (we have still not finalized the FY20 budget book). Discuss how the request links to the town’s balanced scorecard or Top Departmental Priority: This request is tied to efficient service provision and excel at staff and logistical support. The current state is inefficient, time intensive and error‐prone. Alternatives & operational impact if request is not funded: Regardless of whether this request is funded, the budget team will be analyzing our internal processes and looking for ways to streamline our existing workflows. Additional information: N/A

Budget Justification Form Department/division: Administration/Human Resources Request: Diversity, Equity, and Inclusion Initiative Priority 1‐3 (1=must do; 2=should do; and 3=could do): 2=should do Line‐item where funds are requested: Training – Hillsborough University Fiscal year(s) & amount(s) of request: FY21 ‐ $15,000 FY22 ‐ $15,000 FY23 ‐ $15,000 Describe request: Staff will develop a scope of services and request quotes from the vendors for diversity, equity, and inclusion organizational assessment, strategic planning, and training services. Discuss how the request links to the town’s balanced scorecard or Top Departmental Priority: The FY20 Human Resources top priority of develop a skilled and diverse workforce includes four components: 1) diversity, equity and inclusion, 2) workforce and succession planning, 3) employee learning and development, and 4) Hillsborough University: Leadership Academy. The actions tied to #1 are: A) strategic recruitment (job fairs, targeted visits, job ads, etc.), B) positions (internships (including minority schools), apprenticeships (such as Work First), and overhires), C) policy—recruitment and overhires, and D) branding. Some progress has been made in each of these areas. In addition, the HR director has gathered information from other Orange County jurisdictions regarding their efforts in this area. The other three components of the HR top priority also support #1. Before the end of the calendar year, we will conduct the town’s biannual employee survey. Feedback from the survey as well as data gathered through the workforce planning process will be utilized to assess the current organizational culture and climate and shape the town’s diversity, equity and inclusion initiatives. Alternatives & operational impact if request is not funded: Conduct assessment, planning and training with current staff. Staff does not have the level of expertise and perspective in this area that an outside consultant would be able to provide. Additional information: N/A

Budget Justification Form Department/division: Administration / Human Resources and Town Clerk Request: UNC School of Government Municipal and County Administration Course Priority 1‐3 (1=must do; 2=should do; and 3=could do): 3=could do Line‐item where funds are requested: Training/Conferences/Conventions Fiscal year(s) & amount(s) of request: FY21 ‐ $3,800 Describe request: This seven‐week course (Sept. 2020 – April 2021) is designed for city and county managers, department heads, and other city or county officials whose responsibilities require an understanding of functions beyond individual areas of specialization. This program provides an opportunity to:

• Understand the legal framework and administrative requirements of NC city and county government • Learn about how specific city and county services are organized and provided • Appreciate the interrelation among different activities or departments and how specific laws, programs, and functions contribute to the achievement of the overall mission of a local government

• Become part of a broader network of local government peers on whom participants will be able to draw for assistance in the future It has been 15 years since the HR director/town clerk completed her MPA, and this course will serve as a good refresher and networking opportunity to enhance her professional development and service to Town of Hillsborough employees and the community. Discuss how the request links to the town’s balanced scorecard or Top Departmental Priority: This request is directly linked to the strategic objective and top departmental priority of developing a skilled and diverse workforce. Alternatives & operational impact if request is not funded: Will not attend and will pursue other professional development opportunities. Additional information: N/A

Department/Division: PolicePosition Title: Training SergeantRecommended Starting Salary: 43,227$ Is Job Description Attached? NoNumber of Positions (if same job): 1 Upgrade .75 FTE, to a Sergeant‐level 1 FTE. Fiscal Year Requesting Position: FY21

Personnel Costs $$ Comments

Salary 20,000 P/t officer salary currently budgeted at $43,231. Assumes Sgt. salary ofFICA 1,530 approximately $60,000.Hospitalization ‐ Life Insurance 44 Dental Insurance ‐ Retirement 1,900 401(k) Retirement Supplement 1,000

Personnel Subtotal 24,474$

Operations CostsTravel & Training ‐ Dues & Subscriptions ‐ Supplies & Materials ‐ Computer/Printer/Software ‐ Equipment ‐ Fuel ‐ Vehicle Tax & Tags ‐ Vehicle Insurance ‐ Vehicle Maintenance ‐ Other ‐

Operations Subtotal ‐$

Capital OutlayCapital ‐ Vehicles ‐

Capital Subtotal ‐$

Total Costs for the Position(s) 24,474$

Position Justification:

Additional Notes or Comments:

Personnel Expansion Request Cost of Additional Position

Officer will be resigning before the end of FY20. This officer works as a .75 FTE and manages the department’s training and logistic functions.

When this officer leaves, it is completely unlikely that we would be able to find a suitable candidate who is able to fill the part time role as well as this person has. In addition, it has become clear that there is more work that could be done that simply cannot be within the time allotted.

As a result, we are seeking to upgrade this position to a full‐time position. We are also seeking to upgrade it to a sergeant‐level position as there are significant responsibilities associated with it, and we would benefit from being able to also use this position to handle more administrative tasks.

Our alternative to this would be to upgrade this to a full‐time officer position, and the cost for doing that would still be approximately $20,000.

N/A

Budget Justification Form Department/division: Police – Investigations and Community Services Request: Storage system for property and evidence Priority 1‐3 (1=must do; 2=should do; and 3=could do): 1 ‐ Must Do Line‐item where funds are requested: Supplies ‐ Departmental Fiscal year(s) & amount(s) of request: FY21 ‐ $15,000 Describe request: We are requesting funds to purchase a modular storage system for our property and evidence room. We did a complete inventory of our current property and evidence, and our current room/storage system is over capacity. It is very difficult to move and access property in our current room, and we are forced to store many items in less than ideal ways. A modular system will allow for more organized and efficient storage and allow us to extend the usability of the current space. It would also allow for better storage of larger and oddly shaped items. There are several different products out there, and we are still researching these systems to see what might work best for us. Our funds request is an estimate. Describe how the request links to the town’s balanced scorecard or Top Departmental Priority: This request aligns with the theme of taking care of what we have. Our current system needs a significant upgrade. This request also links to allowing us to be more efficient in how we deliver services and manage property and evidence functions. Alternatives & operational impact if request is not funded: If not funded, we will continue to use our existing room. We are running out of space and may be forced to rent/purchase alternative space for less sensitive items. Additional information: Examples of the types of systems we are asking for:

Budget Justification Form Department/division: Public Space Request: Add Inclusive (Handicap Accessible) Play Equipment at Cates Creek Park and Gold Park Priority 1‐3 (1=must do; 2=should do; and 3=could do): 2=should do Line‐item where funds are requested: Maintenance – Parks Fiscal year(s) & amount(s) of request: FY21‐ $40,000 ($25,000 at Gold Park, $15,000 at Cates Creek Park) Describe request: Cates Creek Park and Gold Park are the community‐scale parks in Hillsborough. These parks serve a larger population of Hillsborough residents and visitors than the smaller tot lots. Both parks were built to meet minimum code requirements for handicap accessibility but neither park includes play equipment that is truly inclusive. This project will add inclusive equipment in the form of musical play stations to the existing play areas at both parks. A concrete pad will also be installed at Gold Park for the new play equipment. The stations will be wheelchair accessible and fun for all ages and abilities. This project was ranked as a top priority by the Parks and Recreation Board. Discuss how the request links to the town’s balanced scorecard or Top Departmental Priority: This project helps to serve the community by improving public spaces. It also helps advance the social realm as a sustainability initiative by improving access for underserved populations; a top priority for the Public Space Division. Alternatives & operational impact if request is not funded: This project could be phased over multiple years with equipment added as funds are available. The current budget allows for four (4) musical stations at each park. If needed, we could separate the project to add the equipment to one park in FY21 and one in a future budget year. If this project is not funded, there will continue to be a population of children that are not served by the exiting play equipment at our community‐scale parks. Additional information: Photos of inclusive musical play stations: chimes, congas, vibe marimba, and cabasa.

Report on FY 2020 Awards and Request for FY2021 Funding

Hillsborough Exchange Club

Our focus has been to update the oldest community park in town. Support from the town has helped

tremendously with these efforts. We appreciate the opportunity to make this request for funding in FY

2021.

Funding requested for FY2020: 2- BBQ grills (Gold Park style) $735 Portable handicap accessible toilet $1800 Mulch replacement due to flooding $2542 Dumpster $605 Park Liability Insurance $1818 TOTAL requested $7500 FY2020 expenses: 2- BBQ grills (Gold Park style) $735 Portable handicap accessible toilet $1800 Mulch replacement due to flooding $830 Dumpster $605 Park Liability Insurance $1818 4 dead trees removed and limbs trimmed $2640 2 new bilingual park signs $482 TOTAL expenses $8910

FY2020 funding received $7500

Funding requested for FY2021: Portable handicap accessible toilet $1800 Dumpster $605 Park Liability Insurance $1818 Tree removal and trimming $3277 TOTAL requested $7500

FY 2020 expenses: BBQ grills were installed adjacent to the picnic structures on a separate

concrete pad. Dumpster costs and liability insurance are half of the actual cost and is shared with the clubhouse use. Recent flooding of the park washed away all our mulch from playground areas. Summey portable toilets (local) quoted $150/month for one handicap accessible unit located in our park’s parking lot. A park patron reported that we had some dead limbs over our playground equipment. Davey tree found 2 dead ash trees (likely ash borer beetle infestation), a dead elm and one pine tree as well as dead limbs which they removed from the park area. We revised our park signage with bilingual signs.

FY 2021 requests detail: Routine expenses are requested for the portable toilet, dumpster,

insurance. There are 4 dead ash trees in our park and the ball field parking area. A dead cherry tree and a dead pine tree are along the driveway to the ball field that need to be removed. We have requested a quote for removal from Davey tree. We expect the cost to be about 1/3 higher than last year because of the additional number of trees.

Telephone: 919-643-2500 Web Site: www.hillsboroughartscouncil.org Address: 102 N. Churton Street, Hillsborough, NC 27278-

Hillsborough Arts Council 2020-2021 Funding Request

Our Mission

The Hillsborough Arts Council, a volunteer-driven organization, enriches our community through the arts. We achieve this by:

• Fostering appreciation of the arts.• Engaging diverse audiences in events and programs.• Connecting artists, organizations, and audiences.

Funding Request

The Hillsborough Arts Council (HAC) is requesting $13,200 in support from the town of Hillsborough. This includes an increase in financial support for fiscal year 2020-2021. This request is a renewal of Fiscal Year 2019-20 funds at $12,000 as well as an additional investment of $1,200 (10%) in the growth of arts and culture in the Hillsborough Community.

In last year’s request, HAC proposed a three-year partnership between the Town of Hillsborough and HAC, including a 10% increase in funds based on the goals detailed at a later point in this proposal. This partnership would include an increase of $2,520 over three years ($0 in FY 2019-20; $1,200 in FY 2020-21, $1,320 in FY 2021-22) as an investment in HAC’s growth as a major driver of artistic and cultural programs and events, economic development, and tourism for Hillsborough.

Goals for 2020-2021

• Implement the completed strategic plan (attached) and reassess current goals to continueforward movement towards five year strategic benchmarks.

• Increase fundraising capabilities through strategic commitment to donor relationship building,grant requests, and growth of the sponsorship program.

• Continue to refine the strategic marketing plan to raise overall awareness of HAC and promotelocal and tourist participation in events and programs through a variety of channels andopportunities. This coincides with the three-year strategic plan and shift to a top-down businessmodel.

• Create an assessment model for all programs to achieve continued growth.• Promote growth internally through professional development and training for our executive

director and volunteers.

http://www.hillsboroughartscouncil.org/

Explanation of our Request

Orange County’s arts community in general and the Hillsborough Arts Council specifically are important drivers of economic development in Hillsborough. A strong arts community adds to residents’ quality of life, which in turn, is a key factor for attracting new business and industry to the area. They are crucial elements of the Town’s character that distinguishes it from other parts of the Triangle and state. They strengthen Hillsborough's position in a highly competitive region as an attractive location to live and for business investment.

HAC has begun developing assessment tools that allow it to better track the impact of our organization on the town. Economic impact is an important factor in creating and maintaining a strong creative community. The value of our programming to the town of Hillsborough and Northern Orange County is at the forefront of what we do. This service not only provides programming but allows us to bring economic growth and prosperity to Hillsborough. In FY 2018-19, HAC made an impact of nearly $450,000 on the town of Hillsborough. This is based on the average spending of $14 per person on event related expenses when attending arts programs of any kind in our area (not including admission costs). HAC’s events and programs saw over 32,000 participants and attendees that year.

More important than economic development though, is HAC’s contribution to community building. Many of HAC’s events are participatory, and nearly all are completely free to attend or join. These programs are strategically designed to both inspire creativity through a hands-on element, as well as a community gathering aspect to bring people together to celebrate. This process can provide tools to proactively promote the values of diversity and inclusion in our community.

FY 2019-20 will be the first complete FY with a full time employee. To date, HAC has seen improvements in organizational management and a shift to top down program management from the executive level. This has allowed board to reallocate their time to managing other needs of the organization including financial oversight and fiscal policies, board development, and fundraising.

As you can see, the return on investment for the Town of Hillsborough should be seen as not just an opportunity to bring arts to the forefront of the daily lives of residents, but as a driver of economic development, tourism, and a facilitator of the rich culture that Hillsborough has to offer.

The Impact of Your Funding – FY 2019-20 Progress Report

The following is a summary of the impact your funding has made and what the Hillsborough Arts Council with support from the Town of Hillsborough.

Here are brief highlights, followed by a more complete description of our progress over the last year, thanks to you, our Board and the enthusiasm of our volunteers:

• Completed a strategic plan and began implementation of initial goals.• Reviewed and revised fiscal and financial policies at all levels of the organization.• Established active outreach, marketing, fundraising, and board development committees.• Implemented the first steps of the strategic marketing plan with an expectation of a full roll out

in fiscal year 2020-21.• Increased our audience to 32,013 people served.• Increased Gift Shop sales 29% and achieved profitability in calendar year 2019.

We are also proud to report that five of our programs have continued to be self-sustaining and/or revenue generating: Artist Workshops, Parlor Concerts, Art in the Heart of Hillsborough (Arts & Crafts Show), Winter Solstice Lantern Walk, and ArtCycle. This year the Gift Shop has also achieved this status, and we hope that Last Fridays will join the list in FY 20-21.

Without Your Support

If the HAC fails to secure any additional funds, then we will struggle to keep up with growth in existing programs and maintenance of our full time ED position while we work to create stable growth within the organization.

In addition to the impact on ongoing activities, failure to secure funding will limit planned efforts to

• Develop major fundraising and sponsorship opportunities• Introduce a formal strategic plan for organizational development• Increase net operating income from retail sales• Develop a system to estimate the size and composition of event attendance• Develop relationships with community leaders

and it would likely put off new efforts to

• Increase diversity of communities served• Increase outreach efforts• Develop marketing plans to attract more volunteers, donations, grants and major sponsors• Plan new income-earning programs, such as of offering art classes to the public and in schools,

including our growing group of home school families

Statistics and Support Materials

Program Activities

The work supported by this grant enables year-round programming, all of which promotes tourism and benefits Hillsborough’s economic and cultural climate.

1. HAC Gallery and Gift Shop operates year-round.2. Last Fridays is spring to fall, bringing both locals and visitors to downtown Hillsborough to enjoy

the arts, and share information through community booths. Between 1,000 and 3,000 peopleattend each event and 15% are tourists coming from surrounding counties and other states.

3. Hillsborough Art Walk Last Fridays is January through November and provides a walking tourof our diverse arts and crafts and encourages sales. 300/night for extended season (January,February, March, October, and November); 600 plus/night for regular season (April -September), with people from surrounding counties.

4. The Handmade Puppet Parade is in October. 4,000 to 4,500 people from surrounding countiesand other states participate and attend and 50% are tourists from around the country. Held on the 3rd Sunday of October on even years.

5. Solstice Lantern Walk is in December and brings people together in creative workshops andjoyful, peaceful participation. 2,500 people from surrounding counties participate.

6. Parlor Concerts, is within the months of January through April, are hosted in the intimatesettings of historic homes of Hillsborough. 40-50 people per event; usually 4 events per year.People come from the surrounding areas, often bringing visiting guests from outside the areaand other states.

7. Art in the Heart of Hillsborough (Arts and Crafts Show) is in April and promotes the work of50 local artists. Approximately 1500 people for this April event come from surrounding countiesand other states.

8. Free Spirit Freedom is a year-round program celebrating the diversity of Orange County’shistoric past and future through photography and narrative, providing opportunities to learnabout the contributions of African Americans to our community. 100 people attend per event.We expect events in January and Feb 2018. Ongoing displays draw people from surroundingcounties and other states.

9. ArtCycle is a year-round program most active when school is in session that encourages citizensto contribute new and used supplies to students in school art classes.

10. River Park Concert is in October and promotes local and regional talent and has a youthmusicians workshop prior to the event.

11. Arts in Education is offered throughout the year. Each of these programs is chaired andimplemented by volunteers. Their success, promotion and enthusiasm are enabled by ourExecutive Director.

Individual Program Results and Goals

1. Program Activity Name

HAC Gallery and Gift Shop

Program Goal Provide venue to showcase and market products of local artists Performance Measures Number of visitors Total revenue Previous Year Program

Results 8,500 $61, 816

Current Year Estimated Results 10,000 $65,000

Next Year Projected Results 12,000 $70,000


Last Fridays: Summer Concert Series

Program Goal Attract locals and visitors to downtown Hillsborough to enjoy the arts and share information through community booths

Performance Measures Number of events Total attendance Previous Year Program

Results 6 8,700

Current Year Estimated Results 6 10,000

Next Year Projected Results 6-7 12,000


Last Fridays Art Walk

Program Goal Attract locals and visitors to downtown Hillsborough to enjoy the arts and support local vendors


Results 11 4,800

Current Year Estimated Results 11 5,000

Next Year Projected Results 11 5,500


The Handmade Puppet Parade

Program Goal Build community and attract visitors by celebrating shared creativity and community pride

Performance Measures Number of marchers Total attendance Previous Year Program

Results 700 (2018) 2,500

Current Year Estimated Results n/a n/a

Next Year Projected Results The handmade parade will be moved to October 2021 with

the purpose to rebuild some of the logistics and move it from presidential the election cycle.


Solstice Lantern Walk

Program Goal Build community and attract visitors by celebrating shared creativity and community pride

Performance Measures Number of participants Previous Year Program

Results 2,300

Current Year Estimated Results 2,500

Next Year Projected Results 2,500 (limited space for growth unless logistical changes are made

walk route.

6. Program Activity

Name Parlor Concerts

Program Goal Provide intimate venues for appreciation of accomplished performers


Results 4 220

Current Year Estimated Results 4 200

Next Year Projected Results 4 200


Art in the Heart of Hillsborough (Arts and Crafts Show)

Program Goal Promote the work of local artists Performance Measures Total attendance Previous Year Program

Results 500

Current Year Estimated Results 1,500

Next Year Projected Results 1,800


Free Spirit Freedom

Program Goal Celebrate the diversity of Orange County’s historic past and future through photography and narrative, providing opportunities to learn about the contributions of African Americans to our community


Results 1 50

Current Year Estimated Results 0 0

Next Year Projected Results 1 100


ArtCycle

Program Goal Encourage citizens to contribute new and used supplies to students in school art classes

Performance Measures Value of contributions Previous Year Program

Results $25,000

total value of donated clay studio equipment from four individual donors Current Year Estimated

Results $10,000

Next Year Projected Results $15,000


River Park Concert

Program Goal Promotes local talent and provide a youth workshop prior to the event

Performance Measures Number of attendees Number of workshops Previous Year Program

Results 5,500 1

Current Year Estimated Results 7,000 1

Next Year Projected Results 9,000 2


Community Outreach

Program Goal Add outreach program or component to all HAC programs (13) Performance Measures Number of outreach program/events Previous Year Program

Results 1

Current Year Estimated Results 5

Next Year Projected Results 8 Annual Staff/Volunteer Hours

FTE # Full-time Paid Positions: 1 1.00 # Part-time paid Positions: 1 (bookkeeper) .25 # Volunteer Hours*: 8,000 ÷ 1,600 = 5.00 Total FTE 6.25 *Volunteer hours are FY 2019-2020 estimates based on Q1 & Q2 performance, with consideration given to average crowd sizes and volunteers needed for Q3 & Q4 events.

Our Target Population

HAC primarily serves residents of Hillsborough but reaches a growing number of communities in Northern Orange County. HAC has initiated an outreach plan to connect with, and assess the needs of groups, organizations, and other community centers in Hillsborough and Northern Orange County. This effort will result in a comprehensive view of the desired arts programs and needs in our surrounding communities. Thus allowing us to better create and implement desirable programming meet their specific needs.

The above strategy was inspired by HAC’s initial mentorship program in collaboration with Efland-Cheeks Community Center (ECCC). HAC Board members approached ECCC leadership and offered to help them develop arts programming. Plans were developed for 1) a show of locally produced art and 2) a continuing process for arts programming. The first show opened on January 7, 2018, as described in this News of Orange County article.

Demographics

Because most of our events are in an open forum, it is difficult to give exact estimates. The counts are from several sources. Our events enjoy repeat customers. It is not possible to generate a de-duplicated count of those who enjoy other community events or make purchases from local businesses. We are working on new efforts to better gather data and information on event attendees. While this will take some time to implement, we are using the available resources, registration requests, post event surveys, and analytics to begin to better understand our audience.

Program Target Population Demographics

http://www.newsoforange.com/arts_and_entertainment/article_1a5e9e72-fbb4-11e7-b6f4-73c91844d329.html

http://www.newsoforange.com/arts_and_entertainment/article_1a5e9e72-fbb4-11e7-b6f4-73c91844d329.html

Projected 2018-19

Actual 2018-19

Projected 2019-20

Projected 2020-21

Gender

Men 12,000 12,805 13,200 14,000 Women 18,000 19,208 19,800 21,000

Non-binary/Genderqueer N/A N/A N/A N/A Self-Describe N/A N/A N/A N/A

Total 30,000 32,013 33,000 35,000 Race and Ethnicity

Black or African-American 7,500 8,004 8,250 8,750 American Indian or Alaska Native 360 384 400 425

Asian 600 641 660 700 White 21,540 22,984 23,690 25,125

Native Hawaiian or other Pacific Islander Two or more races

Some other race

Total 30,000 32,013 33,000 35,000

Of the above, how many Hispanic/Latino 3,300 3,521

4,950 5,250

Of the above, how many non-Hispanic/Latino 26,700 28,492 28,050 29,750

Total 30,000 32,013 33,000 35,000 Age

0-5 years 2,805 2,994 2,000 2,121 6-18 years 4,210 4,492 6,000 6,363

19-50 years 16,835 17,965 22,000 23,335 51+ years 6,150 6,562 3,000 3,181

Total 30,000 32,013 33,000 35,000

Geographic Location

Town of Chapel Hill 5,500 5,870 6,000 6,365

Town of Carrboro 1,230 1,312 1,100 1,165

Orange County ( Outside of Chapel Hill/Carrboro) 15,950 17,020 16,000 16,970

Outside of Orange County 7,320 7,811 9,900 10,500

Total 30,000 32,013 33,000 35,000

Geographic Distribution

We regularly track the geographic origins of the population that has visited the Gallery and Gift Shop. The Gallery and Gift Shop served over 10,000 people in 2019. Their visitors surveyed (15% of total) came from 51 NC towns & cities (75% of total surveyed); 44 other states, DC & Puerto Rico (23.5%) and 12 foreign countries (1.5%)--Canada, China, England, Japan, India, Iran, Ivory Coast, Kenya, Netherlands, Russia, Sweden & Turkey.

Collaborations and Partnerships

All of our events are coordinated with external organizations and individuals. The following lists the primary collaborative efforts:

• Alliance for Historic Hillsborough o Visitor’s Center o Burwell School o Orange County Historical Museum o 2020 She Changed the World, Local Partners Committee

• Hillsborough Chamber of Commerce o Hillsborough Merchant and Restaurant Working Group

• Orange County Schools o ArtCycle Collection o Student Artist Exhibitions o Cedar Ridge High School Wood Shop o Student Volunteers o Afterschool programs o New Hope Pre-K program

• Town of Hillsborough o Poet Laureate o Calvin St. Tree o Public Art Initiatives

• Efland-Cheeks Community Center • St. Matthews Episcopal Church • Orange County Public Library • Hillsborough Classic Film Society • Orange County Arts Commission • Orange County Community Players • Music Makers Relief Foundation • Expedition School • Margaret Lane Gallery • C3 Hillsborough • Local Businesses (non-sponsors)

o Antonia’s o Orange Family Medical Group o Whit’s Frozen Custard

• Art Walk Partners (not already listed) o Hillsborough Gallery of Art o Bakova Gallery o Tom Stevens Gallery o Skylight Gallery and Hillsborough Artist Cooperative o Yonder: Southern Cocktails and Beer o Paynter Law o Coldwell Banker HPW o Bull City Music School

About our Executive Director Credentials of the Executive Director

HAC’s first full-time Executive Director, Torey Mishoe, was hired in October of 2018. A Hillsborough resident, she brings with her an extensive educational foundation in museum studies and arts

administration along with a local knowledge and love of Hillsborough. She has a background working arts and cultural non-profit organizations in Orange County, and her skills include but are not limited to program and event management, volunteer coordination, fund development, and marketing.

Responsibilities of the Executive Director The full-time Executive Director for the Hillsborough Arts Council is responsible for the following areas:

• Financial Oversight. Monitor the fiscal health of HAC in cooperation with the Treasurer. Assist in preparation of budgets, fundraising and financial reports.

• Marketing and Public Relations. Actively promote programs and events; spearhead planning

and fine-tuning of all organizational communications with consistency while adhering to HAC brand.

• Program Coordination. Demonstrate leadership in maintaining, developing, and implementing

programs to meet the needs of the Hillsborough Arts community while upholding HAC’s mission statement and strategic plan. This include evaluations, guidance, and identification of resources. Serve as the liaison between program committees and the Board of directors.

• Fund Development. Cultivate relationships with individual donors, business and corporate

sponsors, and municipal partners through proposals, and personal visits to assist the board in securing funds and soliciting major gifts for the organization.

• Volunteer Recruitment and Placement. Assist programs in recruiting volunteers for a variety

of tasks. Work with individuals to best match them with their interests and abilities within the organization. Regularly recognize volunteers for their dedication and time.

• Community Liaison. Develop and maintain positive relationships with local and county

government and school officials, business leaders, civic groups, art patrons and current and potential funding organizations and agencies.

• Board of Directors. Serve as a liaison between the program committees and Board of

Directors. Collaborate with the board to set and fulfill goals and priorities, assist with strategic plan and organizational evaluations.

In addition, HAC’s volunteers bring skills as artists and teachers, as well as a wide range of professional expertise: merchandising, accounting, advertising, strategic planning, grant-writing, business operations, etc. The HAC taps the broad talent available in Orange County and focuses it on hosting opportunities for joyful human interaction and growth through the arts.

Submitted by Torey Mishoe, Executive Director March 5, 2020

HILLSBOROUGH ARTS COUNCIL STRATEGIC PLAN

2019-2022

1

The Hillsborough Arts Council (HAC) aims to serve the people of Hillsborough and Orange County. HAC also works to bring in tourism traffic from surrounding cities, all of NC and beyond. HAC strives to meet the artistic and cultural needs of our community through a variety of initiatives and services. This includes programs, events, educational opportunities, and more.

MISSION STATEMENT

The Hillsborough Arts Council, a volunteer-driven organization, enriches our community through the arts. We achieve this by:

• Fostering appreciation of the arts. • Engaging diverse audiences in events and programs. • Connecting artists, organizations, and audiences.

VISION STATEMENT

To create a Hillsborough experience where the arts are fully integrated into the lives of its residents by:

• Becoming a voice and advocate for the creative community in Hillsborough.

• Creating enriching, diverse, and accessible arts programming for all ages and across all disciplines.

• Providing a state-of-the-art facility for the performing and visual arts in Hillsborough.

OUR VALUES

The Hillsborough Arts Council’s core beliefs and priorities include: • Embracing diversity and inclusion in all programs and events created. • Providing support for the creative community in Hillsborough and

surrounding communities. • A commitment to providing leadership that assures an efficient,

consistent system of delivering our programming.

HILLSBOROUGH ARTS COUNCIL STRATEGIC PLAN 2019-2022

2

2019 GOALS

The initial steps in implementing the HAC strategic plan is setting the organization up for proper implementation of the long term priorities. The following goals are due to be completed by the end of 2019 to ensure success of the three-year plan. • Three-year technology plan completed. • Annual review of by-laws reviewed and amended if necessary. • First annual report developed for release in 2020. • Hillsborough based artists’ needs have been identified through a forum. • Matrix management concept developed and implemented for entire

organization. • All programs evaluated against the matrix, sustainability and programs

reclassified accordingly.

New committees identified and activated: • Marketing Committee:

o Marketing plan is completed and implemented and budgeted funds are spent in accordance with marketing plan.

• Fundraising Committees: o Fundraising plan in developed and implemented. o Annual fundraiser achieved $20,000 net.

• Finance Committee: o One $10,000 and two $5,000 incremental cash donors/sponsors

identified and funds received. o Investment plan developed and implemented.

• Outreach Committee: o Outreach plan is developed to broaden community involvement

across all existing HAC programs.

HOW DO WE GET THERE?

“Hope is not a strategy!”

• Each objective above has been assigned to individual board member(s). • Specific action plans developed and reviewed monthly. • Specific due dates have been assigned. • Specific metrics are established to meet deadlines. .

3

2020 AND BEYOND

In January, 2020 we will set new objectives and assign responsibility and deadlines for additional action plans to assure success. These objectives will be evaluated and updated annually to allow proper management and implementation of long term plans. Operational Goals for 2020-2022: • A greater percentage of funds are secured from non-municipal sources

annually. • By 2022, 50% of the HA budget is not dependent on governmental

contributions and/or grants. • HA has identified major endowment sources. • Added one major contributing program or event. • Artists’ forum created to understand the needs of Hillsborough artists. • Hire a part-time volunteer & program coordinator. • All programs are self-sustaining in terms of leadership, volunteers,

financial stability. • Invest in technology improvements for the HAC operated spaces. • HA procedures are complete and are in an operating manual. • Have a recognized HA space in addition to the Gallery and Gift Shop. • Well-oiled, sustained marketing and fundraising umbrella is in place. Capital Goals for 2020-2022: • Exploratory committee formed and implemented for a Hillsborough

performing arts center. • Define a capital campaign for a Hillsborough performing arts center. • Annual sustained $20,000 positive cash flow for investment into future

capital projects. A 10 Year Vision: • $100,000 in funds raised and invested for sustained operational growth,

future planning, and capital projects. • HAC owns a space for daily operations and programming functions (to

be defined). • A Hillsborough performing arts center is open and operational. • An additional HAC 501(c)3 is established to manage the investment fund

and real estate opportunities for future growth.

Section 1 Project Title: Budget Unit #: 8200

Budget Unit: Priority Rank: 2

Year 2 Year 3 Year 4 Future FY22 FY23 FY24 Years

229,000 ‐ ‐ 219,000 2,000 2,000 6,000 Section 2

Section 3

FY21 FY22 FY23 FY24 FY25 FY26 FY27 Total

Salaries / Benefits ‐

Prof. & Consult. Services ‐

Materials & Supplies ‐

Maintenance / Fuel 2,000 2,000 2,000 2,000 2,000 10,000

Other ‐

Total ‐ ‐ 2,000 2,000 2,000 2,000 2,000 10,000

Section 4


Prelim Design / Plans ‐

Engineering / Arch. Serv. 10,000 10,000

Land / ROW / Acquisition ‐

Clear / Grade / Site Prep ‐

Building / Utility Constr. 34,000 34,000

Equip / Machinery / Furniture 175,000 175,000

Total Capital Cost Est. ‐ 219,000 ‐ ‐ ‐ ‐ ‐ 219,000

Total Oper. Impact Est. ‐ ‐ 2,000 2,000 2,000 2,000 2,000 10,000

Total Expenditure Est. ‐ 219,000 2,000 2,000 2,000 2,000 2,000 229,000

Section 5


219,000 219,000

2,000 2,000 2,000 2,000 2,000 10,000

‐

Total Program Financing ‐ 219,000 2,000 2,000 2,000 2,000 2,000 229,000

Section 6

Type of Expenditure

Should these generators not be provided, staff will continue to be at risk sustaining the system during storm events and the town will incur overtime costs. If staff cannot reach the stations, overflows can occur, which could result in regulatory fines.

Description of Capital Item

History and Current Status; Impact if Cancelled or Delayed

New or Additional Impact on Operating Budget

This equipment will provide operational capabilities to pump sewage during power outages. Many of the town's larger sewage pumping stations have generators. The ones that do not require staff to haul a portable generator to the site during storm events to keep the stations from overflowing during power outages. This is a safety hazard for staff and often results in overtime hours. The project supports the Utilities Department's FY21 Top Priority of Emergency Preparedness and Response as well as the town goal of running the operations and providing sustainable services.

Town of Hillsborough, North Carolina

Fiscal Year 2020‐21 through 2026‐27 Capital Improvement Plan

Justification; and Linkage to Council Goals, Balanced Scorecard, other Master Plans, or Dept. Goals & Objectives

Installation of permanent standby generators with automatic transfer switches to run the Strouds Creek and Governor Burke pump stations.

Wastewater CollectionType of Project: Unappropriated Subsequent Years Total

Requested

Funds

Budget Year 1FY21

Sewer Pump Station Gensets

Water and Sewer

Total

Appropriations to date

Functional Area:

Maps / Charts / Tables / Pictures

Activity

Project Costs

Method(s) of Financing

Perpetual Maintenance Fee

Funding Source(s)

Operating Revenue

New

Expansion

Replacement

Renovation

BUDGET ORDINANCE

FISCAL YEAR 2020‐21 BUDGET ORDINANCE TOWN OF HILLSBOROUGH

Be it ordained by the Board of Commissioners of the Town of Hillsborough, North Carolina: SECTION I. GENERAL FUND: It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2020 and ending June 30, 2021:

Current & Prior Year Property Taxes $ 6,849,000 Local Option Sales Tax 1,448,000 Licenses, Permits and Fees 112,900 Unrestricted Intergovernmental Rev. 862,000 Restricted Intergovernmental Revenue 151,000 Other 25,500 Investment Earnings 24,000 Debt Issuance Proceeds 310,000 Fund Balance Appropriation 641,144

$ 10,423,544

The following amounts are hereby appropriated in the General Fund for the operation of the Town Government and its activities for the fiscal year beginning July 1, 2020 and ending June 30, 2021 in accordance with the Chart of Accounts heretofore established for the Town of Hillsborough:

Governing Body $ 133,393

Administration 739,103 Accounting 260,409 Planning 437,673 Town Hall Campus 175,819 Public Space 703,207 Safety & Risk Management 89,365 Information Services 260,406 Police 3,152,955 Fire Marshal & Emergency Mgmt. 183,765 Fire Protection 1,270,488

Fleet Maintenance 350,202 Streets/Powell Bill 996,879 Solid Waste 736,002 Cemetery 7,350 Economic Development 370,879 Special Appropriations 257,774 Disaster Relief 47,875 Contingency 250,000 $10,423,544

SECTION II. WATER & SEWER FUND: It is estimated that the following revenues will be available in the Water and Sewer Fund for the fiscal year beginning July 1, 2020 and ending June 30, 2021: Licenses, Permits, and Fees $ 9,432,502

Other 15,000

Investment Earnings 10,300 Transfers 1,099,404 Retained Earnings Appropriated 523,112 $11,080,318 The following amounts are hereby appropriated in the Water and Sewer Fund for the operation of the water and sewer utilities for the fiscal year beginning July 1, 2020, and ending June 30, 2021 in accordance with the Chart of Accounts heretofore established for the Town of Hillsborough: Administration of Enterprise $ 1,863,942 Utilities Administration 598,867 Billing & Collections 765,923 Water Treatment Plant 1,098,734 West Fork Eno Reservoir 882,985 Water Distribution 1,637,243 Wastewater Collection 1,600,740 Wastewater Treatment Plant 2,299,975 Disaster Relief 31,909 Contingency 300,000 $11,080,318

SECTION III. STORMWATER FUND: It is estimated that the following revenues will be available in the Stormwater Fund for the fiscal year beginning July 1, 2020 and ending June 30, 2021: Licenses, Permits, and Fees $ 617,500 Retained Earnings Appropriated 39,830 $ 657,330 The following amounts are hereby appropriated in the Stormwater Fund for the operation of the stormwater utilities for the fiscal year beginning July 1, 2020, and ending June 30, 2021 in accordance with the Chart of Accounts heretofore established for the Town of Hillsborough: Disaster Relief $ 1,755 Stormwater $ 655,575 $ 657,330 SECTION IV. TAX RATE: There is hereby levied a tax of sixty‐two cents ($0.62) per one hundred dollars ($100) valuation of property as listed for taxes as of January 1, 2020, for the purpose of raising the revenue listed as “Property Taxes” in the General Fund in Section I of the ordinance. This tax rate is based on an estimated total valuation of real and personal property (excluding motor

vehicles) for the purposes of taxation of $1,110,412,000 and an estimated rate of collection of 90.00% and an estimated total valuation of motor vehicles of $88,300,000 and an estimated rate of collection of 85.00%. SECTION V. RAIL STATION PROJECT FUND: Revenues totaling $34,000 are hereby approved for the following line‐items: Transfer from General Fund $ 34,000

$ 34,000

A total of $34,000 is hereby authorized to be expended from General Capital Improvements Fund: Miscellaneous $ 34,000 $ 34,000 SECTION VI. UTILITIES CAPITAL IMPROVEMENTS: Revenues totaling $1,074,404 are hereby approved for the following line‐items:

Transfer from WSF‐EDD $ 259,404 Transfer from WSF‐16” Water Main $ 465,000 Transfer from WSF‐River Pump Sta. $ 200,000 Transfer from WSF‐WW Sys Rehab $ 150,000 $ 1,074,404

A total of $1,074,404 is hereby authorized to be expended from Utilities Capital Improvements:

Econ Dev District Water Line $ 259,404 16” Water Main $ 465,000 River Pump Station $ 200,000 Wastewater System Rehabilitation $ 150,000 $ 1,074,404

SECTION VII. SPECIAL ASSESSMENT DISTRICT: Revenues totaling $531,144 are hereby approved for the following line‐items:

Special Assessment Taxes Collected $ 531,144 $ 531,144

A total of $531,144 is hereby authorized to be expended from Special Assessment District:

Payments ‐ Regions Bank $ 531,144 $ 531,144

SECTION VIII. FEES, RATES AND CHARGES: There is hereby maintained a Fees, Rates and Charges Schedule for the purpose of raising revenue listed in the General Fund, Water & Sewer Fund, and Stormwater Fund, Sections I, II & III of this ordinance. See the Fees, Rates and Charges Schedule for a detailed listing. SECTION IX. RECYCLING: Orange County is hereby authorized to collect and administer a fee established for the purpose of providing recycling services within the Town limits. SECTION X. BUDGET ORDINANCE: Copies of this Budget Ordinance shall be filed with the finance officer, budget officer and the clerk of the governing board of this town.


NORTH CAROLINA ORANGE COUNTY I, Katherine M. Cathey, Town Clerk, hereby certify that the foregoing is a true and accurate copy of the 2020‐21 Budget Ordinance which will be recorded in the Town of Hillsborough Minute Book.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the official corporate seal of said Town to be affixed, this the 29th day of June, 2020. ___________________________ Jenn Weaver, Mayor ___________________________ Katherine M. Cathey, Town Clerk

ADMINISTRATIONPhotocopies 0.10$ / pageLaser Printer Copies 0.10$ / pageTown Clerk Certified Copies 1.00$ / pageBoard of Commissioners Meeting Notification Listing 20.00$ annually

Town Code: Bound Copy 40.00$ Unbound Copy 25.00$ Supplements 0.10$ / pageMotor Vehicle License Fee 30.00$ / vehicleFranchise Fees (Cable) 5% of gross receipts

BILLING & COLLECTIONSReturned Check / Bank Draft Fee 25.00$ / occurrenceDisconnect/Reconnect for Returned Item 40.00$ / occurrenceConnection Fee 20.00$ Security Deposits: Water/Sewer Service Standard Inside Town 75.00$ Outside Town 150.00$ High Risk Inside Town 175.00$ Outside Town 225.00$ Delinquent Fee 40.00$ Late Fee 15% (after 25th of month)

Reconnection Fee: Business Hours No Charge After Hours (Town Error) No Charge After Hours (Customer Request) 50.00$ Account Servicing Fee for Payments Made with Unwrapped Coins

$ 1.00 / 100 coinsWater Use Reduction Rebate

$ 10.00

CEMETERYLot Fee:

Resident 500.00$ Non‐Resident 1,000.00$

Lot TransferTransfer Between One Pair of Lots No ChargeTransfer Between 3 or More Lots 50.00$ / pair of lots

FEES, RATES & CHARGES SCHEDULE(Effective July 1, 2020 unless otherwise noted; Fees subject to change by Board of Commissioners.)

One time rebate per water and/or sewer customer for new or replacement installation of low‐flow faucets, showerheads and toilets (receipt or billing invoice of work required).

A $1.00 fee for 100 coins or fraction thereof that the town is required to count in excess of the first $10.00 of unwrapped coins submitted for payment of the utility bill.

FINANCEFOOD & BEVERAGE

Food & Beverage Tax (failure to pay) Fine not to exceed $500.00Single‐Day Pre‐Paid Food & Beverage Fee 15.00$

Mobile Food Vendor Permit Fee1 50.00$ Beer and Wine License On‐premise malt beverage 15.00$ Off‐premise malt beverage 5.00$ On‐premise unfortified wine, on‐premise fortified wine, or both 15.00$ Off‐premise unfortified wine, off‐premise fortified wine, or both 10.00$ 1Mobile food vendor permits are valid as long as permit holder timely files Food & Beverage tax receipts and reports

FIRE MARSHALThere shall be two types of permits:

a) A prescribed period of time. b) Until renewed or revoked.

OPERATIONAL PERMITS

Carnivals & Fairs $ 100.00 Battery Systems $ 50.00 Cellulose Nitrate Film $ 50.00 Combustible Dust Producing Operations $ 50.00 Combustible Fibers $ 50.00 Compressed Gases

$ 30.00 Flammable $ 50.00 Corrosive $ 50.00 Oxidizing $ 50.00 Toxic $ 75.00 Highly Toxic $ 100.00

$ 50.00 Cryogenic Fluids $ 50.00 Cutting & Welding $ 50.00 Dry Cleaning Plants 50.00$ Exhibits and Trade Shows 50.00$ Explosives (blasting)

Three Day or Single Shot 75.00$ Two Week 150.00$ Monthly 225.00$

Fire Hydrants and Valves 25.00$ each

Flammable and Combustible LiquidsSection 1 50.00$ Section 2 50.00$ Section 3 50.00$ Section 4 50.00$ Section 5 50.00$ + $10.00 / each addl. tank/vehicleSection 6 100.00$ + $10.00 / each addl. tank/vehicleSection 7 50.00$ Section 8 150.00$ Section 9 50.00$ Section 10 50.00$

Floor Finishing 50.00$ Fruit and Crop Ripening 50.00$ Fumigation and Thermal Insecticidal Fogging 15.00$ Hazardous Materials 60.00$ each class not reported under sara title III

Inert and Simple Asphyxiate

Covered Mall Buildings

2) Construction Permits ‐ Allows the applicant to install or modify systems and equipment for which a permit is required by section 105.7 of the North Carolina Fire Prevention Code.

1) Operational Permits ‐ Allows the applicant to conduct an operation or a business for which a permit is required by section 105.6 of the North Carolina Fire Prevention Code for either.

Hazardous Production Material (Facility) 75.00$ each class not reported under sara title IIIHigh Pile Storage ` 60.00$ Hot Work Operations 50.00$ Industrial Ovens 50.00$ Lumber Yards and Wood Working Plants 50.00$ Liquid or Gas‐Fueled Vehicles or Equipment in Assembly Buildings 60.00$ LP Gas 50.00$ Magnesium 50.00$ Miscellaneous Combustible Storage 50.00$ Open Burning 10.00$ Open Flames and Candles Section 1 50.00$ Section 2 50.00$ Organic Coatings 50.00$ Places of Assembly 100.00$ Private Fire Hydrants 25.00$ Pyrotechnic Special Effects Materials 100.00$ Pyroxylin Plastics 50.00$ Refrigeration Equipment 50.00$ Repair Garages and Service Stations 50.00$ Rooftop Heliports 50.00$ Spraying or Dipping Operation 50.00$ Storage of Scrap Tires and Tire Byproducts 50.00$ Temporary Membrane Structures, Tents and Canopies 40.00$ Tire Rebuilding Plants 50.00$ Waste Handling 50.00$ Wood Products 50.00$

CONSTRUCTION PERMITS

0.009$ / sq foot; $65.00 minimum

Site Plan Review 25.00$ Pre‐Development Meetings and Site Consulations 25.00$ each addl. meeting or visit

65.00$ 75.00$ 50.00$

Each building requires a seperate permit Square Feet Rate per sqft 0 ‐ 5,000 0.0150$ / sq foot; $60.00 min; $75.00 max 5,001 ‐ 10,000 0.0145$ / sq foot; $80.00 min; $145.00 max

0.0140$ / sq foot; $150.00 min; $210.00 max

0.0138$ / sq foot; $215.00 min; $276.00 max

0.0135$ / sq foot; $280.00 min; $337.50 max

0.0133$ / sq foot; $325.00 min; $382.50 max

0.0130$ / sq foot; $382.50 min; $448.00 max

0.0128$ / sq foot; $448.50 min; $500.00 max

0.0125$ / sq foot; $500.00 min; $543.50 max

0.0123$ / sq foot; $540.00 min; $600.00 max

0.0120$ / sq foot; $600.50 min; $649.00 max

0.0118$ / sq foot; $632.50 min; $690.00 max

0.0115$ / sq foot; $690.50 min; $734.50 max

0.0113$ / sq foot; $735.00 min; $770.00 max

0.0110$ / sq foot; $752.50 min; $810.00 max

0.0108$ / sq foot; $787.50 min; $820.00 max0.0105$ / sq foot; $820.50 min; $875.50 max

0.0103$ / sq foot; $876.00 min; $900.00 max

0.0100$ / sq foot; $900.50 min; $931.00 max

0.0098$ / sq foot; $931.50 min; $950.00 max

0.0095$ / sq foot; $950.50 min; $987.00 max

0.0094$ / sq foot; $945.00 min; $990.00 max

0.0092$ / sq foot; $1012.50 min; $1046.50 max

0.0091$ / sq foot; $1047.00 min; $1080.00 max

85,001 ‐ 90,000 90,001 ‐ 95,000 95,001 ‐ 100,000 100,001 ‐ 105,000 105,001 ‐ 110,000 110,001 ‐ 115,000 115,001 ‐ 120,000

Compressed GasesFire Alarm Review Fee Schedule

15,001 ‐ 20,000 10,001 ‐ 15,000

Automatic Fire‐Extinguishing Systems

Kitchen Hood System Paint Booth System

Building Plans Review

30,001 ‐ 35,000

40,001 ‐ 45,000

50,001 ‐ 55,000

60,001 ‐ 65,000

25,001 ‐ 30,000

35,001 ‐ 40,000

45,001 ‐ 50,000

20,001 ‐ 25,000

55,001 ‐ 60,000

65,001 ‐ 70,000

75,001 ‐ 80,000 80,001 ‐ 85,000

70,001 ‐ 75,000

0.0090$ / sq foot; $1080.50 min; $1125.00 max

0.0090$ / sq foot; $1125.00 min; $1170.00 max

0.0090$ / sq foot; $1170.00 min; $1215.00 max

0.0090$ / sq foot; $1215.00 min; $1260.00 max

0.0090$ / sq foot; $1260.00 min; $1305.00 max

> 145,001 0.0090$ / sq foot; $1305.00 min; $1500.00 max

Sprinkler Plans Review Fee Schedule Square Feet Rate per sqft 0 ‐ 5,000 $ 0.0145 / sq foot; $70.00 min; $72.50 max 5,001 ‐ 10,000 $ 0.0140 / sq foot; $73.00 min; $140.00 max 10,001 ‐ 15,000 $ 0.0138 / sq foot; $140.50 min; $207.00 max

15,001 ‐ 20,000 $ 0.0135 / sq foot; $207.50 min; $270.00 max

20,001 ‐ 25,000 $ 0.0133 / sq foot; $270.50 min; $332.50 max

25,001 ‐ 30,000 $ 0.0130 / sq foot; $325.00 min; $382.50 max

30,001 ‐ 35,000 $ 0.0128 / sq foot; $382.50 min; $448.00 max

35,001 ‐ 40,000 $ 0.0125 / sq foot; $448.50 min; $500.00 max

40,001 ‐ 45,000 $ 0.0123 / sq foot; $500.00 min; $543.50 max

45,001 ‐ 50,000 $ 0.0120 / sq foot; $540.00 min; $600.00 max

50,001 ‐ 55,000 $ 0.0118 / sq foot; $600.50 min; $649.00 max

55,001 ‐ 60,000 $ 0.0115 / sq foot; $632.50 min; $690.00 max

60,001 ‐ 65,000 $ 0.0113 / sq foot; $690.50 min; $734.50 max

65,001 ‐ 70,000 $ 0.0110 / sq foot; $735.00 min; $770.00 max

70,001 ‐ 75,000 $ 0.0108 / sq foot; $752.50 min; $810.00 max

75,001 ‐ 80,000 $ 0.0105 / sq foot; $787.50 min; $820.00 max

80,001 ‐ 85,000 $ 0.0103 / sq foot; $820.50 min; $875.50 max

85,001 ‐ 90,000 $ 0.0100 / sq foot; $876.00 min; $900.00 max

90,001 ‐ 95,000 $ 0.0098 / sq foot; $900.50 min; $931.00 max

95,001 ‐ 100,000 $ 0.0095 / sq foot; $931.50 min; $950.00 max

100,001 ‐ 105,000 $ 0.0094 / sq foot; $950.50 min; $987.00 max

105,001 ‐ 110,000 $ 0.0092 / sq foot; $945.00 min; $990.00 max

110,001 ‐ 115,000 $ 0.0091 / sq foot; $1012.50 min; $1046.50 max

115,001 ‐ 120,000 $ 0.0090 / sq foot; $1047.00 min; $1080.00 max

120,001 ‐ 125,000 $ 0.0090 / sq foot; $1080.50 min; $1125.00 max

125,001 ‐ 130,000 $ 0.0090 / sq foot; $1125.00 min; $1170.00 max

130,001 ‐ 135,000 $ 0.0090 / sq foot; $1170.00 min; $1215.00 max

135,001 ‐ 140,000 $ 0.0090 / sq foot; $1215.00 min; $1260.00 max

140,001 ‐ 145,000 $ 0.0090 / sq foot; $1260.00 min; $1305.00 max

> 145,001 $ 0.0088 / sq foot; $1305.00 min; $1500.00 max

Sprinkler System Monitoring 70.00$ Fire Pumps 200.00$ Flammable and Combustible Liquids 100.00$ / tank or systemHazardous Materials 100.00$ / tank or systemIndustrial Ovens 75.00$ LP Gas 75.00$ / tankPrivate Fire Hydrants 50.00$ / hydrantSpraying or Dipping 100.00$ Standpipe Systems 150.00$ Temporary Membrane Structures, Tents and Canopies 40.00$

135,001 ‐ 140,000 140,001 ‐ 145,000

125,001 ‐ 130,000 130,001 ‐ 135,000

120,001 ‐ 125,000

FIRE INSPECTION FEES

Building Square Feet

Initial InspectionIn‐Compliance

Initial InspectionNon‐ Compliance

Re‐InspectionIn‐Compliance

Re‐InspectionNon‐Compliance

3rd Inspection In‐Compliance

3rd Inspection Non‐Compliance

0 to 5,000 40.00$ 65.00$ 45.00$ 90.00$ 60.00$ 125.00$ 5,001 ‐ 10,000 45.00$ 70.00$ 45.00$ 95.00$ 60.00$ 150.00$ 10,001 ‐ 15,000 50.00$ 75.00$ 45.00$ 100.00$ 60.00$ 150.00$ 15,001 ‐ 20,000 55.00$ 80.00$ 50.00$ 105.00$ 60.00$ 200.00$ 20,001 ‐ 25,000 60.00$ 85.00$ 50.00$ 110.00$ 65.00$ 200.00$ 25,001 ‐ 30,000 65.00$ 90.00$ 50.00$ 115.00$ 65.00$ 200.00$ 30,001 ‐ 35,000 70.00$ 95.00$ 55.00$ 120.00$ 65.00$ 250.00$ 35,001 ‐ 40,000 75.00$ 100.00$ 55.00$ 120.00$ 65.00$ 250.00$ 40,001 ‐ 45,000 80.00$ 105.00$ 55.00$ 125.00$ 70.00$ 250.00$ 45,001 ‐ 50,000 85.00$ 110.00$ 60.00$ 130.00$ 70.00$ 250.00$ 50,001 ‐ 55,000 90.00$ 115.00$ 60.00$ 135.00$ 70.00$ 300.00$ 55,001 ‐ 60,000 95.00$ 120.00$ 60.00$ 140.00$ 70.00$ 300.00$ 60,001 ‐ 65,000 100.00$ 125.00$ 65.00$ 145.00$ 75.00$ 300.00$ 65,001 ‐ 70,000 105.00$ 130.00$ 65.00$ 150.00$ 75.00$ 300.00$ 70,001 ‐ 75,000 110.00$ 135.00$ 65.00$ 155.00$ 75.00$ 300.00$ 75,001 ‐ 80,000 115.00$ 140.00$ 65.00$ 160.00$ 80.00$ 350.00$ 80,001 ‐ 85,000 120.00$ 145.00$ 65.00$ 165.00$ 80.00$ 350.00$ 85,001 ‐ 90,000 125.00$ 150.00$ 65.00$ 170.00$ 80.00$ 350.00$ 90,001 ‐ 95,000 130.00$ 155.00$ 70.00$ 175.00$ 85.00$ 350.00$ 95,001 ‐ 100,000 135.00$ 160.00$ 70.00$ 180.00$ 85.00$ 350.00$ 100,001 ‐ 105,000 140.00$ 165.00$ 70.00$ 185.00$ 85.00$ 400.00$ 105,001 ‐ 110,000 145.00$ 170.00$ 70.00$ 190.00$ 90.00$ 400.00$ 110,001 ‐ 115,000 150.00$ 175.00$ 70.00$ 200.00$ 90.00$ 400.00$ 115,001 ‐ 120,000 155.00$ 180.00$ 70.00$ 205.00$ 90.00$ 400.00$ 120,001 ‐ 125,000 160.00$ 185.00$ 75.00$ 210.00$ 95.00$ 400.00$ 125,001 ‐ 130,000 165.00$ 190.00$ 75.00$ 215.00$ 95.00$ 425.00$ 130,001 ‐ 135,000 170.00$ 195.00$ 75.00$ 220.00$ 95.00$ 425.00$ 135,001 ‐ 140,000 175.00$ 200.00$ 80.00$ 225.00$ 100.00$ 425.00$ 140,001 ‐ 145,000 180.00$ 205.00$ 80.00$ 230.00$ 100.00$ 425.00$ 145,001 ‐ 150,000 185.00$ 210.00$ 80.00$ 235.00$ 100.00$ 425.00$ 150,001 ‐ 155,000 190.00$ 215.00$ 85.00$ 240.00$ 110.00$ 450.00$ 155,001 ‐ 160,000 195.00$ 220.00$ 85.00$ 245.00$ 110.00$ 450.00$ 160,001 ‐ 165,000 200.00$ 225.00$ 85.00$ 250.00$ 110.00$ 450.00$ 165,001 ‐ 170,000 205.00$ 230.00$ 90.00$ 255.00$ 120.00$ 450.00$ 170,001 ‐ 175,000 210.00$ 235.00$ 90.00$ 260.00$ 120.00$ 450.00$ 175,001 ‐ 180,000 215.00$ 240.00$ 90.00$ 265.00$ 120.00$ 500.00$ 180,001 ‐ 185,000 220.00$ 245.00$ 95.00$ 270.00$ 130.00$ 500.00$ 185,001 ‐ 190,000 225.00$ 250.00$ 95.00$ 275.00$ 130.00$ 500.00$ 190,001 ‐ 195,000 230.00$ 255.00$ 95.00$ 280.00$ 130.00$ 500.00$ 195,001 ‐ 200,000 235.00$ 260.00$ 100.00$ 285.00$ 135.00$ 500.00$

COMPLAINT FEES

Illegal BurningNo Permit 50.00$ /day

Illegal Materials as defined by EPA / NC Air Quality 100.00$ /day

Burning of Structure or Vehicles 500.00$ /day

Work Without a Permit Twice the cost of the required permit

Class 1 Violation 500.00$ /violation writtenClass 2 Violation 250.00$ /violation writtenClass 3 Violation 100.00$ /violation writtenClass 4 Violation 50.00$ /violation written

PLANNINGSPECIAL EVENT PERMITS

Public and Private Events on Private Property 20.00$ Public and Private Events on Public Property 35.00$ Street or Greenway Events 55.00$

APPLICATIONS FOR REVIEW

Future Land Use Plan or Comprehensive Plan Amendment 300.00$ Unified Development Ordinance Text Amendment 300.00$

Rezoning to a Special Use District with Special Use Permit2 1,200.00$ 1

Rezoning to a Special Use District Master Plan2 800.00$ 1

Rezoning to other than Special Use District2 300.00$ 1

Special Use Permit without Rezoning 1,000.00$ 1

Conditional Use Permit 800.00$ 1

CUP, SUP, or Master Plan Modification Requiring Public Hearing 500.00$ CUP, SUP, or Master Plan Modification not Requiring Public Hearing 300.00$ Minor Subdivision Review (1‐4 lots with or without streets) 100.00$ Site Plan ‐ Technical Review Committee or Staff 600.00$ 1

Construction Plan Review3300.00$ 1

Variance 150.00$ Street Closing Request 150.00$ Certificate of Appropriateness 1.00$ / $1,000 construction cost; $10 minimum

Historic District Minor Work 10.00$

FEES in LIEU of CONSTRUCTION

Sidewalks 125% of written, sealed, engineer's estimate for the cost of required sidewalk installation (increase

DOCUMENTS & MAPS 1

Unified Development Ordinance 25.00$ Historic District Design Guidelines 25.00$ Community Connectivity Plan 15.00$ Administrative Manual 10.00$ Parks & Recreation Plan and Small Area/Corridor Plans 10.00$ Zoning Map or Other Color Plot/Map (larger than 11x17) 10.00$ Town Street Map with Street Grid (11x17 Black & White) 2.00$ Future Land Use Map & Other 11x17 Color Maps 2.00$ Photocopies 0.10$ / page

Zoning Compliance Permits

Home Occupation 25.00$ Signs (New or Replacement):

Wall Mounted 40.00$ Free‐Standing 75.00$

2 Rezoning and Special Use rezonings reviewed in conjunction with an annexation request should first calculate the standard fee and then double it to account for the fiscal impact report for annexation requests.3 This fee will apply to staff review of construction drawings ‐ required for all projects approved by a board.

1 All town produced documents and maps can be provided in electronic form (pdf, jpeg, word, or excel) at no cost if we are provided with the media. If we provide the CD, $2 covers the CD and case.

requested by Board of Adjustment because discount discourages sidewalk construction)

1 Plus $10.00 per each acre for sites larger than 10 acres (example: 12 acre CUP = $920.00 fee).

NOTE: For projects requiring board review and approval, if plans are deemed incomplete upon the third review by staff before reaching the permit‐issuing board, the applicant will be required to file a new application and pay new filing fees to cover the significant staff time spent reviewing incomplete plans. This will also apply to construction drawings that do not fully respond to staff comments at the third review.

Sandwich Board 10.00$ Event Sign Package (package of signs allowed by 6.18.6.2) 20.00$ Banner (allowed by 6.18.6.3 & without other temporary signage) 5.00$ Change of Use (one business use to another or change in ownership) No ChargeConstruction

Residential Zones 1.00$ /$1,000 of construction cost; $5.00 min.

Multi‐Family Zones 1.50$ /$1,000 of construction cost; $10.00 min.

Non‐Residential Zones 2.00$ /$1,000 of construction cost; $10.00 min.

OTHER CHARGES

Consultant Fee Reimbursement

No‐Permit Penalty

POLICEParking Citation 10.00$ Fire Lane Parking Violation 25.00$ Handicap Parking Violation 250.00$ Sidewalk Table Service Permit Violation Fine up to $500.00

PUBLIC SPACE

Large Picnic Shelter in Gold ParkIn‐town resident 20.00$ /3 hoursOut‐of‐town resident 30.00$ /3 hours

Multi‐Use Field in Gold Park or Cates Creek ParkIn‐town resident 10.00$ /hour

Out‐of‐town resident 20.00$ /hour

SOLID WASTERoll‐Out Refuse Container 60.00$ / containerResidential Refuse Collection

1 Roll‐Out Container No Charge2 or More Roll‐Out Containers TBD

Bulk Pick‐Up / Oversized Load (fee at the discretion of the PublicWorks Supervisor and dependent on quantity, size and weight) 50.00$ minimum

Special Brush/Vegetation CollectionStandard Collection 70.00$

Large Collection (Require use of Knuckleboom) 130.00$

NOTE: The following items are all included in the "construction cost" used to determine the permit fee: grading, landscaping, site preparation, stormwater control, utilities, paving and structures. ZCPs will be issued for "grading only" and "paving only" projects consistent with the UDO.

Portions of town parks may be reserved for private events. Events expecting 100 or more people are reviewed as special events as defined in the town code. If a special event requires police or public works overtime, costs of those impacts may be passed to the applicant.

Work begun without a necessary Zoning Compliance Permit will be charged a $100 ZCP fee or the standard fee will be doubled, whichever is greater. Work begun without a required Certificate of Appropriateness will be charged a $100 COA review fee for the standard fee will be doubled, whichever is greater. Work requiring both a COA and ZCP shall only pay the increased COA fee.

Projects constructing new local roads will also reimburse the Town for consultant fees to review road construction plans and specifications.

Projects requiring a traffic impact statement will be reviewed by the traffic engineer of the Town's choice. The applicant shall reimburse the Town for the cost of the statement in lieu of submitting a statement by a consultant of their choice as part of the application.

STORMWATERPLAN REVIEW

Single Lot Residential1 100.00$ /plan

LID Project2 250.00$ /plan

Standard Project (less than 1‐acre of new impervious) 500.00$ /plan

Standard Project (greater than 1‐acre of new impervious)3 500.00$ /plan plus $50/acre of new impervious

Standard Phased Projects4 250.00$ /each subsequent phase submittal

1 Not part of a larger common plan for development or sale.

2 Projects that meet the State of North Carolina's Low Impact Development requirements and calculations.

STORMWATER FEE

Residental Property 75.00$ /year

Tier 1, Non‐residential Property (0 to 10,000 sq. ft.) 150.00$ /year

Tier 2, Non‐residential Property (10,001 to 30,000 sq. ft.) 600.00$ /year

Tier 3, Non‐residential Property (30,001 to 100,000 sq. ft.) 1,800.00$ /year

Tier 4, Non‐residential Property (100,001 to 200,000 sq. ft.) 4,050.00$ /year

Tier 5, Non‐residential Property (200,001 sq. ft. and above) 12,900.00$ /year

WATER / SEWERWATER TREATMENT AND DISTRIBUTION USE FEES

Water System Development Fee1:

Residential 3,864.00$ / residential unit Commercial

5/8" or 3/4" meter 3,864.00$ 1" meter 6,440.00$ 1.5" meter 12,880.00$ 2" meter 20,608.00$ 3" meter 41,216.00$ 4" meter 64,400.00$ 6" meter 128,800.00$ 8" meter 206,080.00$ 10" meter 540,960.00$

Volume Charges: Residential Volume Charges ‐ Inside Town Residential Service: Block 1 (0‐2,500 gallons/month) 23.15$ Block 2 (> 2,500 gallons/month) 9.26$ / 1000 gallons Residential Volume Charges ‐ Outside Town Residential Service: Block 1 (0‐2,500 gallons/month) 45.15$ Block 2 (> 2,500 gallons/month) 18.06$ / 1000 gallons Orange ‐ Alamance Water System 75% of Inside Town Rate + $0.6124/1000 gal surcharge Bulk Water $18.06 /1000 gallons

4 Phased development projects are required to obtain a stormwater management plan approval for the entire project; as each subsequent phase is submitted, an additonal fee will be required to ensure the phase plans comply with the overall stormwater management plan approval.

1 In the event that a customer requests that an existing meter be replaced with a larger meter, credit will be given for the existing meter at the current rates. No rebates of capital facilities fees will be made for decreases in meter sizes.

3 For standard projects (non‐LID projects) requiring stormwater management approval, the fee includes one project review meeting with staff and no more than three rounds of staff comments. If stormwater plans are still incomplete after the third review or if additional meetings with staff are required, the applicant will be required to pay an additional $500 review fee to cover the significant staff time spent reviewing incomplete or non‐compliant stormwater management plans.

WATER CONNECTION CHARGE

Front Footage Fee1: 0 ‐ 50 Feet 750.00$ / connection > 50 Feet 15.00$ / foot / connection

Lateral Fee:

abutting the lines.

WATER METER FEES

5/8" 310.00$ 3/4" 390.00$ > 3/4" Actual Cost of Meter to Town + $100 Installation Fee

STRAINER FEES

2" 445.00$ 3" 790.00$ 4" 1,465.00$ 6" 2,061.00$ 8" 3,461.00$ 10" 5,420.00$

FIRE HYDRANT METER FEES

Fire Hydrant Meter Security Deposit 2,000.00$ Fire Hydrant Rental Fees (fees are in addition to deposit)

Daily Rate 20.00$ Weekly Rate 100.00$ Monthly Rate 300.00$ Semi‐Annual Rate 1,300.00$ Annual Rate 2,500.00$

Fire Hydrant Meter Relocation Fee 50.00$

WASTEWATER COLLECTION SYSTEM USE FEES

Wastewater System Development Fee: Residential 3,243.00$ / residential Commercial

5/8" or 3/4" meter 3,243.00$ 1" meter 5,405.00$ 1.5" meter 10,810.00$ 2" meter 17,296.00$ 3" meter 34,592.00$ 4" meter 54,050.00$ 6" meter 108,100.00$ 8" meter 172,960.00$ 10" meter 454,020.00$

Volume Charges: Inside Town Block 1 (0‐2,500 gallons/month) 34.23$ Block 2 (> 2,500 gallons/month) 13.69$ / 1000 gallons Outside Town Block 1 (0‐2,500 gallons/month) 66.73$ Block 2 (> 2,500 gallons/month) 26.69$ / 1000 gallons

Installed on a suitable stub‐out for service that has been made at the expense of the applicant or previous property owner and is available for connection, there is no charge. In any other case, the water lateral fee is $750.00 for service to a 5/8" or 3/4" water meter and $1,250 for service to a 1" water meter. Service to a larger meter shall be installed by a licensed utilities contractor at the owner's/applicant's expense.

1 For a lot abutting two or more water lines, the front footage fee will be calculated on the average lengths of the sides of the lot

Front Footage Fee1:

0 ‐ 50 Feet $ 1,000.00 > 50 Feet $ 20.00 / foot / connection

Lateral Fee:

ENGINEERING REVIEW

Residential Development

Water Line Review 0 ‐ 10 Units 100.00$ > 10 Units 500.00$ Wastewater Line Review 0 ‐ 10 Units 100.00$ > 10 Units 500.00$ Commercial Development

MISCELLANEOUS WATER/SEWER FEES

Meter Replacement Fee 50.00$ Meter Relocation Fee 100.00$ Special Meter Read 10.00$ Meter Test Charge 35.00$ Water Flow Test 150.00$ original / $15.00 copyMeter Pressure Test 25.00$ Interruptible Water Meter Install ‐ Return Trip 50.00$ / tripPerpetual Maintenance (new sewage pump stations) Per Formula in Town CodeWater / Sewer Availability Review Actual Cost to Town

Installed on a suitable stub‐out for service that has been made at the expense of the applicant or previous property owner and is available for connection, there is no charge. In any other case, the sewer lateral fee is $750.00 for a 4" service. Larger services shall be installed by a licensed utilities contractor at the owner's/applicant's expense.

Fee shall be the same as the greater than 10 residential units fee except where the amount and complexity of proposed water and sewer line construction is equivalent to a residential development of ten or less units.

1 For a lot abutting two or more sewer lines, the front footage fee will be calculated on the average lengths of the sides of the lot abutting the lines.

WASTEWATER CONNECTION CHARGE

FINANCIAL SUMMARY ‐ GENERAL FUNDFY19 FY20 FY21

Budget Unit Actual Estimate Budget

Contingency 0 0 250,000% Change 0% 0% 0%

Disaster Relief ‐ General Fund 0 22,740 47,875% Change 0% 0% 110.5%

Governing Body 78,141 145,891 133,393% Change ‐40.0% 86.7% ‐8.6%

Administration 562,646 716,758 739,103% Change 5.1% 27.4% 3.1%

Local Government Channel (PEG) 6,308 6,730 0% Change ‐84.3% 0.0% 0.0%

Accounting 240,646 252,778 260,409% Change ‐30.9% 5.0% 3.0%

Planning 422,797 456,432 437,673% Change 7.2% 8.0% ‐4.1%

Town Hall Campus 185,410 176,716 175,819% Change 1363.4% ‐4.7% ‐0.5%

Public Space 799,025 805,410 703,207% Change 10.2% 0.8% ‐12.7%

Safety & Risk Management 59,887 82,256 89,365% Change ‐30.2% 37.4% 8.6%

Information Services 1,768 255,526 260,406% Change ‐99.5% 14352.3% 1.9%

Police ‐ Administration 585,371 872,912 693,545% Change ‐3.7% 49.1% ‐20.5%

Police ‐ Patrol 1,905,571 1,930,664 1,757,899% Change ‐11.0% 1.3% ‐8.9%

Police ‐ Investigations & Community Services 663,702 664,577 701,511% Change ‐1.5% 0.1% 5.6%

Fire Marshal & Emergency Mgmt 141,601 163,424 183,765% Change 5.5% 15.4% 12.4%

Fire Protection 1,307,662 1,223,020 1,270,488% Change 7.7% ‐6.5% 3.9%

Fleet Maintenance 277,317 351,503 350,202% Change 14.8% 26.8% ‐0.4%

Streets 864,504 717,902 647,642% Change ‐1.4% ‐17.0% ‐9.8%

Powell Bill 171,793 202,395 349,237% Change ‐6.3% 17.8% 72.6%

Solid Waste 457,058 536,345 736,002% Change ‐25.0% 17.3% 37.2%

Cemetery 8,512 7,010 7,350% Change ‐15.2% ‐17.6% 4.9%

Economic Development 512,140 443,069 370,879% Change 8.2% ‐13.5% ‐16.3%

Special Appropriations 209,944 547,792 257,774% Change ‐65.5% 160.9% ‐52.9%

TOTAL EXPENDITURES 9,461,800 10,581,850 10,423,544

% Change 10.5% 11.8% ‐1.5%

Surplus / (Deficit) at Current Tax Rate 566,752 (17,685) (442,907)

Surplus / (Deficit) w/Tax Rate Increase 566,752 (17,685) (442,907)

Tax Rate 10.62 0.62 0.62

Fund Balance Appropriation needed to Balance Budget 0 17,685 442,907

Available Fund Balance Remaining 4,126,361 4,108,676 3,665,769

Fund Balance as % of Operating Expenditures 44% 39% 35%

* The Town's Fund Balance Policy recommends maintaining an undesignated fund balance of between 20‐60% of annual operating expenditures and a "target" of 33%

1 Property Tax revaluations are scheduled for FYs 2017 and 2021, which will likely result in a downward adjustment of the tax rate

GENERAL FUND REVENUES FY19 FY20 FY21 $ %General Fund Revenues Actual Estimate Budget Change Change Comments

Ad Valorem TaxesCurrent Tax Levy 6,172,926 6,678,022 6,196,000 (482,022) ‐7.2% FY21‐anticpate flat growth; 90% collection ratePrior Year Tax Levy 43,958 35,000 35,000 0 0.0%Current Motor Vehicle Levy 703,031 614,500 600,000 (14,500) ‐2.4% MV Tax & License Fee ($30/yr); FY21‐85% coll. ratePrior Motor Vehicle Levy 86 0 0 0 0.0%Penalties & Interest 18,796 18,890 18,000 (890) ‐4.7%Tax Adjustments & Abatements (446,940) 0 0 0 0.0%

Ad Valorem Taxes Total 6,491,857 7,346,412 6,849,000 (497,412) ‐6.8%

Loal Government Sales Taxes1% Local Gov't Opt. Sales Tax (Art. 39) 576,579 470,000 500,000 30,000 6.4% FY20‐20% reduction for March;

1/2% Local Gov't Opt. Sales Tax (Art. 40) 404,011 367,000 340,000 (27,000) ‐7.4% 40% for April‐June; FY21‐assume 80% of FY201/2% Local Gov't Opt. Sales Tax (Art. 42) 288,482 235,000 250,000 15,000 6.4% collection for Jul‐Mar; 80% of FY19 Apr‐Jun 1/4% Local Gov't Opt. Sales Tax (Art. 44) 61 3 0 (3) ‐100.0% Revenue replaced by Hold Harmless Local Option Sales Tax ‐ Hold Harmless 428,834 400,000 350,000 (50,000) ‐12.5% Local Option Sales Tax ‐ 44‐524 10,057 9,000 8,000 (1,000) ‐11.1%

Sales Tax Total 1,708,025 1,481,003 1,448,000 (33,003) ‐2.2%

Licenses/Permits/FeesBeer & Wine License Fee 875 682 100 (582) ‐85.3%Gross Receipts Tax/Vehicle 13,593 12,290 8,000 (4,290) ‐34.9%Motor Vehicle License Fee 780 15 0 (15) ‐100.0% Tracked in Current Motor Veh LevyPrior Motor Vehicle License Fee 112 644 100 (544) ‐84.5% W/Tax & Tag, captured in MV LevyCable Franchise Fee 41,926 40,000 40,000 0 0.0% Expect decrease over next 5‐10yrsPlanning Fees 95,363 212,815 50,000 (162,815) ‐76.5%Park Usage Fees 6,537 2,860 4,500 1,640 57.3%Parking Fines 730 (70) 200 270 ‐385.7%Taxi License Fees 0 15 0 (15) ‐100.0%Fire Inspection Fees 12,852 13,955 10,000 (3,955) ‐28.3%

Licenses/Permits/Fees Total 172,768 283,206 112,900 (170,306) ‐60.1%

Unrestricted Intergovt. RevenueFranchise Tax 632,575 510,000 510,000 0 0.0% FY20 ‐ coll delayed until 7/15/20; FY21 @ 80%Beer & Wine Tax 31,819 32,184 25,000 (7,184) ‐22.3%Food & Beverage Tax 397,640 350,000 300,000 (50,000) ‐14.3% FY21‐25% reduction in revenueOccupancy Tax 73,225 53,583 27,000 (26,583) ‐49.6% FY21‐75% reduction Q1&2 & 50% reduction Q3&4

Unrestr. Intergovt. Rev.Total 1,135,259 945,767 862,000 (83,767) ‐8.9%

Restricted Intergovt RevenueCable Access Fee (PEG) 20,270 0 0 0 0.0% FY20 ‐ Discontinue PEG channelPowell Bill 199,965 202,395 151,000 (51,395) ‐25.4% FY21 ‐ NCLM anticpates 25% reduction in revenueCOVID Relief Funding 0 79,972 0 (79,972) ‐100.0%

Restr. Intergovt Revenue Total 220,235 282,367 151,000 (131,367) ‐46.5%

Other Revenue / Non‐OperatingSolid Waste Disposal Tax 5,472 4,310 4,000 (310) ‐7.2%Miscellaneous 21,237 32,562 20,000 (12,562) ‐38.6%Misc. ‐ Confiscation Percentage 3,165 2,055 1,500 (555) ‐27.0%Alliance Contingency Reimbursement 0 1,532 0 (1,532) ‐100.0%FEMA Reimbursements 21,710 8,221 0 (8,221) ‐100.0%

Other Rev. / Non‐Op. Total 51,584 48,680 25,500 (23,180) ‐47.6%

Investment EarningsInterest Earned 248,824 170,000 24,000 (146,000) ‐85.9% FY21‐reduction due to falling interest rates

Investment Earnings Total 248,824 170,000 24,000 (146,000) ‐85.9%

Debt IssuanceDebt Issuance 0 0 310,000 310,000 0.0% FY21 ‐ Garbage Truck

Debt Issuance Total 0 0 310,000 310,000 0.0%

Fund Balance AppropriatedFund Balance Appropriated 0 17,685 442,907 425,222 2404.4%Powell Bill Fund Balanced Appropriated 0 0 198,237 198,237 0.0% FY21 ‐ Valley Forge repairPEG Fund Balance Appropriated 0 6,730 0 (6,730) ‐100.0%

Fund Balance Appropriated 0 24,415 641,144 616,729 2526.0%

General Fund Total 10,028,552$ 10,581,850$ 10,423,544$ (158,306) ‐1.5%

% Change ‐8.7% 5.5% ‐1.5%

FINANCIAL SUMMARY ‐ WATER & SEWER FUND

FY19 FY20 FY21Budget Unit Actual Estimate Budget

Disaster Relief 0 21,334 31,909% Change 0% 0% 50%

Administration of Enterprise 4,207,935 1,958,481 1,863,942% Change 42.9% ‐53.5% ‐5%

Utilities Administration 416,555 467,240 598,867% Change 8.5% 12.2% 28%

Billing & Collections 842,670 645,144 765,923% Change ‐57.0% ‐23.4% 19%

Water Treatment Plant 1,074,824 1,281,478 1,098,734% Change ‐3.5% 19.2% ‐14%

West Fork Eno Reservoir 419,585 487,138 882,985% Change ‐66% 16% 81%

Water Distribution 1,292,192 999,050 1,637,243% Change 10% ‐23% 64%

Wastewater Collection 1,425,735 1,355,087 1,600,740% Change 37% ‐5% 18%

Wastewater Treatment Plant 2,256,808 2,260,495 2,299,975% Change 0.8% 0.2% 2%

Contingency 0 0 300,000% Change 0.0% 0.0% 0%

TOTAL EXPENDITURES 11,936,303$ 9,475,447$ 11,080,318$

% Change ‐1.2% ‐20.6% 16.9%

Surplus / (Deficit) at Current Rate 449,279 1,174,360 (304,112)

Surplus / (Deficit) w/ Rate Increase 449,279 1,174,360 (304,112)

Retained Earnings Appropriation needed to Balance Budget 0 1,174,360 304,112

Available Retained Earnings Remaining 6,734,644 7,909,004 7,604,892

Retained Earnings as a percentage of Op. Expenditures1 56% 83% 69%

1 The town's Water & Sewer Retained Earnings Policy recommends maintaining an undesignated fund balance of between 20 to 60 percent of annual operating

expenditures and a "target" of 25 percent.

WATER & SEWER FUND REVENUESFY19 FY20 FY21 $ %

By Account Actual Estimate Budget Change Change Comments

Licenses/Permits/FeesWater Charges 4,610,474 4,878,309 4,634,394 (243,915) ‐5.0% FY21 ‐ Projected 5% revenue lossSewer Charges 4,752,483 4,883,798 4,639,608 (244,190) ‐5.0% FY19 ‐ loss of Efland‐Cheeks sewer customer

Water Lateral Fees 15,000 12,000 4,500 (7,500) ‐62.5% mid‐yr ($372k/yr)Sewer Lateral Fees 15,750 13,893 3,000 (10,893) ‐78.4%

Water Meter Fee 54,640 42,420 25,000 (17,420) ‐41.1% W&S new home assumptions: FY21 ‐ 0Water System Development Fees 1,106,017 259,265 0 (259,265) ‐100.0% FY21 ‐ System development fees budgeted upon invoiceSewer System Development Fees 1,014,608 190,256 0 (190,256) ‐100.0%

Perpetual Maintenance Fee 0 0 0 0 0.0%

Penalties / Delinquent Fee 222,174 140,105 110,000 (30,105) ‐21.5%

Water Connection Fee 24,210 17,240 15,000 (2,240) ‐13.0%

Engineering Review Fees 6,000 13,900 1,000 (12,900) ‐92.8%Licenses/Permits/Fees Total 11,821,355 10,451,186 9,432,502 (1,018,684) ‐9.7%

Other Revenue/Non‐Operating

Miscellaneous 46,600 35,704 15,000 (20,704) ‐58.0%

Dormant Write‐Offs 21,265 0 0 0 0.0%Other Rev. / Non‐Op. Total 67,865 35,704 15,000 (20,704) ‐58.0%

Investment EarningsInterest Earned 29,325 31,397 10,000 (21,397) ‐68.1%Perpetual Maint. Fee Interest 567 228 300 72 31.6%

Investment Earnings Total 29,892 31,625 10,300 (21,325) ‐67.4%

Transfers

Transfer from Utility Cap Imprv Fund 0 0 0 0 0.0% To refund W&S Fund for unused monies

Transfer from Cap Reserve ‐ Water 157,680 0 899,404 899,404 0.0% $1,900,432 available as of June 30, 2019EDD Water Line Extension 0 259,404

16‐inch Water Connect 0 465,000

WTP Debt Payments 0 0 FY20 ‐ Offset debt payments

WFER PH I Debt Pymts 0 0 Pay off phase 1 debtWFER PH II Debt Pymts 0 175,000 Offset debt payments

Transfer from Cap Res ‐ Water Tank 101,470 97,492 0 (97,492) ‐100.0%S. Zone Water Tank Debt Pymts 97,492 0 $202,723 available as of June 30, 2018

Transfer from Cap Reserve ‐ Sewer 207,320 0 200,000 200,000 0.0% $2,964,453 available as of June 30, 2019WWTP Expansion/Upgrade 0 0

Infrastructure Rehab/Replc 0 0

River Pump Station 0 200,000

WWTP Debt Payments 0 0

S. Churton/Orange Grove Line Reloc. 0 0

Transfer from Cap Proj Fund ‐ Reservoir 0 0 0 0Transfer from Cap Proj Fund ‐ Fathom 0 0 0 0

Transfers Total 466,470 97,492 1,099,404 1,001,912 1027.7%

Debt Issuance

Debt Issuance Proceeds 0 0 0 0 0.0%

N Campus 0 0 0

WFER Ph 2 0 0 0 FY19 ‐ Reimburse for pre‐paid expensesDebt Issuance Total 0 0 0 0 0.0%

Retained EarningsPerpetual Maint. Fee Appropriated 0 33,800 219,000 185,200 FY20 ‐ River Pump Station Rehab Study; FY21 ‐ SewerRetained Earnings Appropriated 0 (1,174,360) 304,112 1,478,472 ‐125.9% Pump Station Generators

Retained Earnings Total 0 (1,140,560) 523,112 1,663,672 ‐145.9%

Water/Sewer Fund Total 12,385,582$ 9,475,447$ 11,080,318$ 1,604,871$ 16.9%

% Change ‐17.1% ‐23.5% 16.9%

FINANCIAL SUMMARY ‐ STORMWATER FUND

FY19 FY20 FY21Budget Unit Actual Estimate Budget

Disaster Relief 0 957 1,755% Change 0% 0% 83.4%

Stormwater 541,755 574,861 655,575% Change 20.8% 6.1% 14.0%

TOTAL EXPENDITURES 541,755$ 575,818$ 657,330$

% Change 20.8% 6.3% 14.2%

Surplus / (Deficit) at Current Rate 117,316$ 90,382$ (39,830)$

Surplus / (Deficit) w/ Rate Increase 117,316$ 90,382$ (39,830)$

Retained Earnings Appropr. needed to Balance Budget ‐$ 90,382$ 39,830$

Available Retained Earnings Remaining 612,481$ 702,863$ 663,033$

Retained Earnings as percentage of Op. Expenditures1 113% 122% 101%

1 The town's Stormwater Retained Earnings Policy recommends maintaining an undesignated fund balance of between 17 to 33 percent of annual operating expenditures

and

STORMWATER FUND REVENUESFY19 FY20 FY21 $ %

By Account Actual Estimate Budget Change Change Comments

Investment EarningsInterest Earned 0 0 0 0 0.0%

Investment Earnings Total 0 0 0 0 0.0%

Licenses, Permits & FeesStormwater Charge ‐ Prior Year 7,338 6,600 6,500 (100) ‐1.5%

Stormwater Charge 642,959 656,900 610,000 (46,900) ‐7.1% FY17‐Started charging Stormwater FeeStormwater Plan Review Fee 2,250 2,700 1,000 (1,700) ‐63.0%

Licenses, Permits & Fees Total 652,546 666,200 617,500 (48,700) ‐7.3%

Other Revenue/Non‐OperatingMiscellaneous 6,525 0 0 0 0.0% FY19 ‐ Grant reimbursement

Other Rev./Non‐Op. Total 6,525 0 0 0 0.0%

TransfersTransfer from Cap Res ‐ Stormwater 0 0 0 0 0.0% $0 available as of June 30, 2017

Transfers Total 0 0 0 0 0.0%

Retained EarningsRetained Earnings Appropriated 0 (90,382) 39,830 130,212 ‐144.1%

Retained Earnings Total 0 (90,382) 39,830 130,212 ‐144.1%

Stormwater Fund Total 659,071$ 575,818$ 657,330$ 81,512$ 14.2%

% Change 3.2% ‐12.6% 14.2%

Memorandum

To: Mayor and Board of Commissioners Eric Peterson, Town Manager

From: Emily Bradford, Budget Director Jen Della Valle, Assistant to the Town Manager/Deputy Budget Director

Date: June 25, 2020

Subject: Staff Response to FY21 Budget Public Hearing Comment

As part of the FY21 budget public hearing process, Mr. William Johnson submitted several questions to the Board of Commissioners for consideration. Below are town staff’s responses to the questions and comments received.

QUESTION 1 The revised budget was put on the town website on Thu, Jun 4th. The document is 315 pages long. Do you think that is enough time for regular citizens to review this document?

Staff Response

Town staff recognizes that the document is long. To get the budget document out quicker, several items that are traditionally included in the budget workbook were eliminated and will be included in the final budget document that reflects the adopted budget. Developing the budget workbook is a very time‐intensive and manual process. One of the budget requests this year was to fund budget software that not only would streamline the budget process generally, but also expedite the budget document development. In addition to the amount of time it takes to compile the document, arriving at revenue projections was particularly challenging this year. To provide more time to gather additional data points, the latter portion of the budget process was delayed. Town staff essentially went through two budget developments processes: pre‐COVID and after. Staff produced the budget workbook as quickly as was possible given the workload while still meeting statutory requirements.

QUESTION 2

OK, this is a very, very detail comment on the FY19 Actuals column and the cost allocation of certain town departments to the W&S Administration of Enterprise (see pg 218).

To me, the FY19 actual cost allocations do not match the percentages mentioned in the Comments column.

Specific example, see page 112, Information Services. $366,622 is being allocated to Water & Sewer. That is not 50% of the FY19 actuals total of $383,055 (see pg 111) listed for Information Services.

The FY19 actuals information (and the FY20 estimate) is very useful data. And greatly appreciated. But IF (and maybe I am simply not understanding this column) this FY19 actuals information is not accurate, this makes it even harder to make an informed comparison to prior years.

Staff Response

We appreciate Mr. Johnson highlighting this discrepancy. The budget and finance team have reviewed the allocations and have determined that there was an error in the posting of several cost allocations. To correct this, any FY19 overages will be deducted from FY20 cost allocations.

QUESTION 3

Why specifically is the proposed budget not raising W&S rates in FY21? And why wouldn’t the reasoning to keep rates flat not lead to a reduction in water rates [at least for the out‐of‐towners]?

Just some historical data – [Assumes that capital necessary for the reservoir is being funded by the bond proceeds (and other debt issued) and that cash is in the Restricted part of the balance sheet.] o Apologies for any errors in math and/or logic that are discovered. o FY19 Budget – ($660K) cash flow loss o FY19 Actual ‐‐ $3.2M cash flow positive. That is nearly a $4M difference.

o FY20 Budget ‐ $557K cash flow positive o FY20 Estimate ‐ $1.18M cash flow positive

o FY21 Budget (as of 6/8) – ($54K) cash flow loss

Staff Response

The proposed budget does not raise water and sewer rates in FY21 due to the financial crisis brought on by the COVID‐19 pandemic. Many local governments attempt to avoid tax and rate increases during times of financial distress, such as a severe recession. The FY20 budget

projected 5% increases to water and sewer rates in FY21 and FY22. Holding off on a rate increase coupled with a projected decrease to water and sewer charges collected in FY21 has a significant financial impact on the Water and Sewer Fund. In order to balance the budget, staff proposed expenditure reductions in FY21 by 1) employing various strategies like delaying capital improvements, imposing a hiring freeze, and limiting expenditures to those that are mission critical and 2) supplementing with non‐recurring revenues, including system development fees and retained earnings. While making these short‐term adjustments for one year should be manageable, this is not a sustainable strategy to ensure a resilient utility system. In short, we are sacrificing the long‐term care of our system to provide short‐term financial relief to customers. Rate increases will likely be needed in FY22 and in subsequent years to fund deferred projects and strengthen the fund’s financial position. Modifying the out‐of‐town rate is a policy question and decision. Prior to COVID‐19, the Water and Sewer Advisory Committee was exploring a variety of rate structure options. Adjustments to the in‐town and out‐of‐town differential is a question that had arisen during this exploration and will ultimately be a board decision. A modification to the rate structure takes time to research, involves tradeoffs and is likely a couple years out at the earliest. The FY21 financial picture is unclear at this point due to the many variables at play (usage changes with stay at home and safer at home orders, subsequent waves, and collection rates). With this lack of clarity, it would not be prudent to reduce water or sewer rates for FY21. In fact, some utilities throughout the state are proposing rate increases. Regarding cash flow, here are a few comments (italicized) from Willdan Managing Principal Jeff McGarvey’s response provided last year when similar questions arose:

GAAP vs Non‐GAAP and CAFR vs Non‐CAFR financial statements rarely match. As pointed out in the previous memo, there are any number of adjustments the auditors make to their documents that are not reflected in the Non‐CAFR documents. For this reason, when developing projections, we generally rely on the Non‐GAAP statements and the system’s operating reports.

While cash reserves have increased over the past few years, these reserves have a purpose including, in part, future capital expenditures. Further, the system’s bond covenants allow a portion (15%) of reserves to count toward their debt service coverage calculations. Therefore, maintaining a strong fund balance is viewed favorably by the bond rating agencies. Best management practices call for maintaining prudent operating reserves for such things as offsetting fluctuations in sales and to pay for emergency repairs and capital replacements. The Town monitors these reserve funds and balances them to account for such things.

Having a positive cash flow is not bad – it usually gets redirected to address maintenance backlogs, needs, repairs, and replacing aged equipment and infrastructure. Much of this is reflected as depreciation. The town is behind and therefore vulnerable in this area as illustrated by the EFC Dashboard metric with asset depreciation being in the yellow (caution zone) at 33% as of January 2020, an improvement of 2% over 2019. It’s likely to get worse due to the cutback of maintenance replacement related items in the FY21 budget. In a memo from the town manager to the board last June, several key points were made:

Operating revenues alone (mostly rate generated) have not been enough to cover expenses. The Water & Sewer Fund has and continues to rely on transfers from various non‐recurring sources (e.g., retained earnings/fund balance and capital reserve funds). Relying on non‐recurring sources cannot be counted on as a long‐term solution, especially when development slows or when savings have been eroded to the point it can no longer be used. This is part of the reason for raising rates, so the town will not be left with a significant operating gap when non‐recurring revenues are not available.

Key financial metrics (industry standards) provided in 1) the May 15, 2019 Willdan analysis, and 2) most recent UNC School of Government Environmental Finance Center Financial Dashboard (screenshot is found below) do not show the town’s water and sewer fund being in a position with excessive funds available. While the fund exceeds the minimum standards for the two debt service ratios and similar ratios in the master trust agreement for the bonds – these are the minimum standards! Slightly getting by is not good enough and carries significant risk! In the May 15 Willdan analysis, bond rating guidelines (from Fitch) illustrate that having significantly higher debt coverage ratios than the minimum’s Hillsborough is required to meet places a utility in a stronger financial position. This is clearly preferred as it makes utility systems more resilient to the unexpected issues that inevitably impact all systems (e.g., revenue shortfalls due to drought, economic slowdowns, missed projections, inevitable weather events/disasters, unplanned problems requiring repairs and maintenance).

We thank Mr. Johnson for sharing his perspectives and participating in the budget public hearing process. We hope that this memo provides additional information the board may need in considering the points and questions Mr. Johnson raised. Please let the budget team know should you have any questions or need any additional information.



Department: Planning




AGENDA ITEM #

4.C

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED

Subject: Discussion of street naming policy or ordinance

Attachment(s): 1. County ordinance

Brief Summary: Two unrelated issues have come up regarding street naming in town. The Hillsborough Town Code of Ordinances and Street Standards documents provide no policy guidance on these issues except to reinforce the need for coordination with Emergency Services to ensure there are no duplicative names in the county. The portion of the county code related to naming is attached for reference only.

Action Requested: Direction to prepare a draft policy or town code amendment establishing steps for renaming an existing street for consideration at a future meeting and respond to two street naming requests

ISSUE OVERVIEW

Background Information & Issue Summary: First request – rename an existing town street for personal reasons Staff received an inquiry from a resident of Thomas Ruffin Street asking how to request a street name change. Staff has assumed this request is related to the reputation of the street’s namesake and his widely published views supporting slavery in the 1800s. Staff have received at least 2 previous inquiries along this line, but they were not made by residents of the street in question or the city limits and folks were referred to the town board for further inquiries. Requested direction: to prepare a draft policy or town code amendment to determine steps for renaming an existing street for consideration at a future meeting. Once a policy or ordinance is established, the resident can pursue their request. Second request/concern – rename an existing town street due to development - to eliminate duplication and create addressing room Collins Ridge will be applying to make improvements along Orange Grove Street consistent with their approved development plans. For all intents and purposes, Orange Grove Street is being extended east and south through the

development and will become the primary street in the neighborhood. At this time, no dwellings or other facilities requiring an address will have driveway access to the extended street. When 911 addressing was established in the early 1990s, Orange Grove Street was most likely given a “pass” on the duplication standard (with Orange Grove Road) because it was short, served businesses (Orange Grove Road serves mostly dwellings), and accounted for about 2 dozen addresses that were assigned with 3 digits rather than the majority of the road which has 4 digits almost exclusively. If the name Orange Grove Street is extended through Collins Ridge, it creates the possibility of a significant duplication. A road that is presently 450 feet long becomes about 3,500 feet long. While no addresses are currently planned for the extension, Emergency Services does not support this name extension. Collins Ridge has proposed the name Gold Hill Way for the spine road in their development. The board may want to consider whether this is an acceptable name change for the existing portion of the street, which would trigger address changes for the two dozen addresses existing on Orange Grove Street, or retain the current name, or develop another name as this street provides access to town-owned property. Requested direction: allow the recording of Collins Ridge plats using the name “Gold Hill Way” east of the proposed driveway into the town’s parcel on the north side of the road and continue through the Collins Ridge development. The board can consider options and determine whether or not to rename the existing portion of the street under any newly adopted policy or ordinance. This allows time for any notification or research desired to assist with this process while allowing Collins Ridge to move forward.

Financial Impacts:

Staff Recommendations/Comments: Staff should be able to have a policy or ordinance available at the next board meeting (August). Any guidance the board has about thresholds for review would be helpful. Staff realizes there is a lot of public interest to not celebrate racist or biased viewpoints or figures. Given the age of Hillsborough, any rationale identified today for street naming in the past may not be accurate. An effort to identify the reasoning behind all street names in town would be a colossal research project. Staff does not assume it can identify all street names that may have an undesirable connotation or association. Staff does not recommend undertaking a project like this. The process of establishing a renaming policy will let the community know how to bring forward any street names the residents have concerns about. Changing addresses is a headache for folks and usually comes with unintended consequences. Staff would suggest that the policy or ordinance:

1) Requires a renaming request to come from a current resident on the impacted street. 2) Requires support from a significant portion of those who would be impacted by the renaming. The county

ordinance uses 75%. 3) Requires formal town board action to implement. 4) Staff prefers the support be from residents not necessarily owners. There is likely a way to accommodate

both. 5) Staff does not have an opinion about a public hearing or requiring the requesting person to pay for new

street signs (two provisions of the county ordinance).

Sec. 6-34. - Road naming.

(a) Roads located within the unincorporated areas of Orange County, whether public and private, shall not be named or renamed by any method except those set forth in this Article. All existing, proposed, or constructed public or private roads or driveways that provides, or will provide, access to three or more habitable structures that are more than 75 feet from the main road shall have a street name and address range assigned.

(b) Road Names.

(1) New Road Names.

a. No new public or private road shall be named without approval of the Address Administrator.

b. The name of any new road, whether it is public or private, shall not duplicate or be phonetically similar to any other road already named within Orange County. This subsection shall not apply to the extension of existing roads, which should whenever possible be given the same name.

c. New subdivision roads, whether public or private, shall be named prior to the approval of any proposed subdivision or plat.

(2) Renaming Roads.

a. Renaming by Address Administrator. Road names may be changed by the Address Administrator when the road name is a duplicate of another road name within a designated postal area or within Orange County and interferes with the accurate dispatch of emergency service or postal delivery. In addition, a road name may be changed when one road has two commonly used names or where portions of what appears to be the same road has two or more names.

b. Renaming Request by Property Owners. Property owners who want to have the name of a public road changed for personal reasons must comply with subsections 6-34(b)(i), (ii) and (iii) below. Property owners who want to have the name of a private road changed for personal reasons must comply with subsections 6-34(b)(i) and (ii) only.

i. A petition should include the existing road name, the proposed road name, the reason why the person(s) are requesting the name change, and the signatures of 75 percent of those persons owning property addressed on the road in question. Owners of a single parcel addressed on the road in question shall have one vote. Owners of multiple parcels addressed on the road in question shall have only one vote.

ii. Name changes requests shall conform to Section 6-34(b).

iii. The name change request shall only be approved after a public hearing is held on the matter as provided in Section 6-36 and the Board of County Commissioners have approved the petition for a road name change. The Petitioners shall be required to pay to Orange County the cost of purchasing new signs and erecting them prior to the name change becoming effective.

(3) Multifamily Dwelling, Apartment Complexes, Townhouses, and Condominium Development Road Names. A road with one name shall serve all multifamily dwelling complexes, including apartment complexes, townhouses and condominium developments, and other similar uses unless the administrator finds that, in the interest of the public safety, the naming of more than one street in or near the development is warranted.

(4) Reserving a Road Name for a New Development. Road names for new developments may be reserved upon written request to the Address Administrator for up to one year. If the requirements to finalize the road name are not satisfied within one year from the date of approval, upon written request an extension of one year may be granted. If such extension is not received, the road name may no longer be reserved.

(5) Limitation. In naming or renaming a public road, the County may not change the name of any road name designation provided by the North Carolina Board of Transportation or the Orange County Board of County Commissioners unless the respective body agrees to such change. Numbers assigned to a road by the North Carolina Board of Transportation shall not be changed; however, the Board of County Commissioners may name the road in addition to the number given to it by the North Carolina Board of Transportation.

(c) Content of Road Names.

(1) Road names must use common spelling found in a standard dictionary.

(2) North, South, East and West are intended to be directional features of the address system and will be used only when necessary, such as for distinguishing regions of a continuous road traversing several municipalities. A directional word should not be contained within the name of a new road and shall be placed ahead of the road name. A street or road may have no more than one directional prefix.

(3) Only letters of the alphabet and blank spaces should be included in a road name. Road names that are numbers (i.e. First Street) must be expressed using alphabetical characters and not numbers. Road names should not contain the following:

a. Symbols or punctuation;

b. Abbreviations of the main title of the street or road name;

c. Initials;

d. A single alphabetical character;

e. Words that begin with "old" or "new;"

f. Offensive words or language in accordance with G.S. 147-54.7; or

g. More than 20 letters including spaces.

(4) All road names shall contain a road name suffix designation. Suffix designations of roads include, but are not limited to, the following terms: avenue, boulevard, court, circle, lane, parkway, place, road, street, trail or way. All street suffix designations may be abbreviated in compliance with National Emergency Number Association (NENA) Addressing Standards.

(d) Physical Standards for Road Name Signs.

(1) Signs for public or private roads or drives shall conform with the physical standards set forth in the United States Department of Transportation's Manual on Uniform Traffic Control Devices (MUTCD).

(Ord. of 4-21-1987, § 4, eff. 4-21-1987; Amend. of 12-13-2011, eff. 12-13-2011)



Department: Planning




AGENDA ITEM #

4.D

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Margaret A. Hauth, Planning Director/Assistant Town Manager ITEM TO BE CONSIDERED

Subject: Update regarding Eno Mountain Rd to NC 86 project

Attachment(s): None

Brief Summary: The consultant is rapidly completing work on the study to identify a route to connect Eno Mountain Road to NC 86. The analysis has identified an improvement at Eno Mountain/Mayo and Orange Grove Road that is superior and less impactful than the realignment the town currently has requested funding for. Staff intends to update our funding request in the upcoming prioritization to reflect this improvement unless the board provides differing direction.

Action Requested: None – update only.

ISSUE OVERVIEW

Background Information & Issue Summary: Members may recall that the town is jointly studying a replacement for the Orange Grove Road extension project with the MPO. The scope was enlarged to connect Eno Mountain Road with NC 86. The engineer is still completing the report, but the preliminary studies show that two roundabouts at Eno Mountain/Orange Grove and Mayo/Orange Grove handle the congestion more effectively and have fewer overall impacts. Since the alignment project is currently in the que for funding with NCDOT, we checked to see if this solution scored better in the prioritization methodology. It does. Maybe not enough to fund the project, but still significantly better than the realignment, in part due to a lower cost. Staff intends to update our funding request through the SPOT process to request roundabouts rather than the realignment, unless the board directs otherwise. No graphics are available at this time. The town should have the final report form the engineer shortly and will share it at an upcoming workshop. Given the board’s summer break, that will likely be August.

Financial Impacts:

Staff Recommendations/Comments:



Department: Administration




AGENDA ITEM #

4.E

Consent Agenda

Regular Agenda

Closed Session

PRESENTER/INFORMATION CONTACT: Mayor Jenn Weaver ITEM TO BE CONSIDERED

Subject: Discussion of Re-Imagining Public Safety as a Standing Workshop Agenda Item

Attachment(s): 1. June 8 Resolution Denouncing the Killing of George Floyd and Outlining Next Steps for Dismantling Systemic

Racism in Town Government and Establishing Community Accountability for Police Department

Brief Summary: As established in the June 8 resolution, Hillsborough has a role in carrying forward the urgent call to re-imagine public safety. The mayor proposes that the Board of Commissioners have “Re-Imagining Public Safety” as a standing agenda item for the forseeable future.

• Hillsborough is fortunate to have good leadership in the police department and a long-standing commitment to best practices for reducing police violence, yet we do have racial disparities in who is getting caught up in the criminal justice system. No matter how good a department or operation is, it can and should always be working to improve. That's our real puzzle, challenge, and obligation to our community as public servants. The Board of Commissioners has a good relationship with the HPD and is proud of their work in the community and they way they approach it, but the board must be cognizant that our experience with the police is colored by our own life experiences and positions of power. The people of the community elect us to these positions and it is to them we are accountable, and our job is to ask the hard questions and have the hard conversations.

• As we evaluate Hillsborough’s approach to policing and consider changes, it is understandable there will be differing views amongst the board of commissioners, HPD, staff, and public due to life experiences, perceptions, and comfort levels as we explore ways to improve public safety services in our community. Creating space on the agenda to talk things through seems important for this very reason. What does this moment and its call to elected bodies mean for Hillsborough? What are people thinking? What information and expertise do we have and need to share or acquire? How do we best seek out feedback, concerns, fears, opportunities, and other valuable input from our community?

• With so much of the conversation in the greater political environment framed on discussing city budgets in terms of "less to law enforcement, more to social services," yet in our community those responsibilities fall to the county, Hillsborough is left with another puzzle - what does this mean for us?

The first steps in this direction at the June 29 workshop:

1. Recap and debrief the Thursday, June 25 event co sponsored by the three municipalities and the OC Reentry council. Discuss how this event can help inform how we think about criminal justice in our community. https://drive.google.com/file/d/1JUqRP70f_56mvT-ZB45he7iE6ZKfd04v/view

https://drive.google.com/file/d/1JUqRP70f_56mvT-ZB45he7iE6ZKfd04v/view

2. Discuss what these monthly updates and discussions might look like, how to format them in such a way to make progress on key initiatives, keep the public informed, as well as identify and remove barriers to our success. (This might include monthly discussion topics, educational and awareness opportunities, updates from staff regarding progress on the five of eight actionable items from the board’s June 8 resolution Denouncing the Killing of George Floyd.)

3. Include a written status update/table for quick reference, on the five actionable items, possibly similar to the monthly utilities report.

Action Requested: Discuss Item #1 above, then discuss and provide direction regardings Items 2 and 3.

ISSUE OVERVIEW




RESOLUTION

Denouncing Killing of George Floyd and Outlining Next Steps for Dismantling Systemic Racism in Town Government

and Establishing Community Accountability for Police Department WHEREAS, on May 25, 2020, George Floyd, a black man alleged to have a counterfeit $20 bill in

his possession was dragged from his car by a Minneapolis police officer, handcuffed, placed face down on the street with the officer’s knee on his neck as he called out “I can’t breathe” and then also cried out for his mother as his neck and back sustained pressure over 8 minutes and 46 seconds, the last 2 minutes and 53 seconds of which he was unresponsive and oxygen was cut off to his brain as he slowly asphyxiated; and

WHEREAS, in the days since his senseless and cruel death, protests and demonstrations against police violence and the widespread systemic racism experienced by black people in every facet of American life have taken place across the United States, in large cities and small towns, including the Town of Hillsborough; and

WHEREAS, the Town of Hillsborough was founded in 1754, was the site in 1788 for North Carolina’s first Constitutional Convention when North Carolina delegates refused to ratify a U.S. constitution without a bill of rights, and takes special pride in our long history in which this state agreed to ratify the U.S. Constitution only after that Bill of Rights was added in which Article 1 iterates the rights to free speech, free press and assembly; and

WHEREAS, law enforcement have been documented acting with undue aggression and violence on protestors and members of the press in images and videos in localities across the country during the current demonstrations; and

WHEREAS, the long history of Hillsborough includes moments of pride and moments of shame, including the colonization of indigenous land and the practice of enslaving black people; and part of that history and legacy is land loss, which in turn results in lack of accumulated generational wealth and is exacerbated in this time by gentrification, which has a disproportionate impact upon our historically black neighborhoods and streets; and

WHEREAS, Thomas Ruffin, Hillsborough lawyer, North Carolina Supreme Court Justice, and owner of people as property, authored the decision in State v. Mann that “the power of the master must be absolute”; and that decision played a profound role in the abuse of enslaved people in Hillsborough and the generational trauma of their descendants; and

WHEREAS, the legacy of de jure segregation in housing, public and private buildings, schools,

and more still leaves behind de facto segregation in our community; and despite long ago changes in law, there remains little change in outcome, with black people faring disproportionally worse in income, homeownership, unemployment, incarceration, college attainment, and health outcomes, with the health disparities especially illuminated during the COVID-19 pandemic; and

WHEREAS, our society and government are imbued with systemic racism that has gone

unrepaired in the 50 plus years since the civil rights movement.

NOW, we, the Hillsborough Board of Commissioners resolve to do the following:

1. Publicly denounce the killing of George Floyd in Minneapolis, Minnesota; of BreonnaTaylor in Louisville, Kentucky, who was killed shortly before him when officers wrongly barged into her apartment; and a painful list of innocent black people killed doing ordinary things, such as playing in a park, walking down the street, or reaching for their license at a traffic stop.

2. Publicly emphasize the right of the people to assemble in protest, including protest oftheir government, and emphasize the importance of a free press.

3. Direct the town manager to identify additional funding for the Fiscal Year 2020-21budget cycle for an organizational assessment of diversity, equity, and inclusion; for strategic planning; and for training services so the Town of Hillsborough can continue to engage in dismantling structural racism within our own organization in a methodical, targeted fashion.

4. Prioritize the inclusion of residents and business owners of color for the upcomingComprehensive and Sustainability Plan review to prioritize the inclusion of residents and business owners of color who have not been proportionally represented in previous town-wide planning initiatives and for that plan to consider all tools available at the town level to mitigate gentrification in historically minority neighborhoods and to build stronger ties among the many neighborhoods and peoples that make our community so loved.

5. Commend the Hillsborough Police Department for its emphasis on de-escalation,community policing, anti-bias training, and implementation of best practices to reduce police violence, but direct that there is still work to be done regarding accountability and to ensure that the lived experiences of Hillsborough's indigenous people and people of color are heard.

6. Direct the town manager and chief of police to propose multiple opportunities for publicinput from residents to share experiences, incidents, and examples of interactions with Hillsborough police to inform our understanding of the role of race in local law enforcement.

7. Direct the town manager and chief of police to continue to reflect on the Town ofHillsborough’s role in eliminating systemic racism and to propose meaningful options to engage the board and Hillsborough residents in reviewing our policies, procedures, limitations, and opportunities to ensure Hillsborough is owning its responsibility to combat racism.

8. Direct the town manager and chief of police to present options to the board forimplementation of a community policing review board to provide a tool for accountability to the community at a date to be determined.

Approved this 8th day of June 2020.

Seal Jenn Weaver, Mayor Town of Hillsborough

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