‘Town of Franklin Council Agenda Sly 22018 600 p.m. Call 9 Order- Mayor Bob Scot Pledge of Allegiance: Vice Mayor Barbara McRae Approval ofthe June 4, 2018 Town Council Minutes, Adoption ofthe July 2, 2018 Town Board Agenda Publle Session ‘New Business A) Presentation fom Mission Health~ Karen Gorby B) Street Closing Request for JEPACA. Jinlbo Ledford C) Macon County Schoo! Bourd Water Tap Request- Tock Gibbs 1D) Street Closing Requests- Town Manager Summer Woodard E) Set Public Hearing for Unified Development Ordinance Text Amendment- Land Use Administrator Justin Setser 1.) Water Troatment Plant Change Order “Town Engineer Nathanael Moore G) Re-Appointment of Town Tax Collestor- Town Manager Summer Woodard H) Resolution Authorizing Town Tex Collector to Collect 2018 Taxes- Town Manager Summer Woodard 1) Applicaton for Fiscal Year 2018-2019 Non-Profit Funding Pool- Town Manager Summer Woodard 1) Presentation on Downtown Parking Tral- Land Use Administrator Justin Setser and Town Engineer "Nathanael Moore Legat A} Resolution Authorizing Bletronie Purchases- Town Attorney John Henning Jr. B) Discussion on Uniform Guidance Policies Town Attomey John Henning J. CC) Forward Chapter 95 Parking to Town Planning Board to Consider Revisions- Towa Attomey John Henning Ir ‘Announcements ‘A) Town Hall Offices will be closed Wednesday Joly 4, 2018 in Obseevance ofthe Holiday ,) The Town of Franklin will behaving aJuly 4% Celebration Downtown atthe Gazebo on Wednesday July 4, 2018 from 10:00 a.m, to 12:00 p.m. (C) Town of Franklin Employee Luncheon and Awards Ceremony will be Friday July 6, 2018 at 12:00 pm. at Pat Buddies D.) Family Movie night will be Friday July 6, 2018 at 8:00 p.m, at Town Hall and the movie willbe Despicable Me3DRAFT ‘The regular meeting of the Franklin Town Council was held on Monday June 4, 2018 at 6 p.m. in the ‘Town Hall Board Room. Mayor Robert S. Scott presided. Vice Mayor Barbara McRae, Council Members Joe Collins, David Culpepper, Adam Kimsey, Dinah Mashburn and Brandon McMahan were present. June 4, 2018 meeting, ‘The Pledge of Allegiance was done by Vice-Mayor Barbara McRae. Approval of the May 7 and May 15, 2018 Town Council minutes ‘Motion was made by McRae, seconded by Kimsey to approve the May 7 and May 15, 2018 meeting minutes. Motion carried. Vote: 6 to 0. Adoption of the June 4, 2018 Town Council Agenda Mayor Scott ~I want to add the Goldstar Camp which is the children of lost miltary veterans and also a parking issue that we may want to discuss. | would lke to move C and D up in New Business. They are proclamations. Motion made by McMahan, seconded by Kimsey to approve the agenda as presented. Motion carried. Vote: 6t0 0. Public Session Christy Rankin spoke about the dog ordinance, Public Hearing 6:05 p.m. for Fiscal Year 2018-2019 Town of Franklin Budget Angela Moore opposed the budget as written, Tamara Zwinak spoke about the budget. ‘Motion made by Kimsey, seconded by Mashburn to close the public hearing. Motion carried. Vote: 6 100. Public Hearing 6:10 p.m. for Regulation for the Placement of Utilities No comments. ‘Motion made by McRae, seconded by McMahan to close the public hearing. Motion carried. Vote: 6 too. New Business: Proclamation of Suy 1¢ Homeless Veterat Mayor Scott presented this item. Motion was made by McMahan, seconded by Culpepper to proclaim the week of September 9, 2018 ‘as a week of support for homeless veterans. Motion carried. Vote: 6 to 0. Resolution is attached.DRAFT June 4, 2018 meeting continued, ‘New Business: Resolution in Honor of Dr. William 0. McLarney Mayor Scott presented this itern. ‘Motion was made by McRae, seconded by Kimsey to adopt the resolution in honor of Dr. William O. Mclarney. Motion carried. Vote: 6 to 0. Resolution is attached. ‘New Business: Board Action on Fiscal Year 2018-2019 Town of Franklin Budget ‘The Board discussed restroom facilities -8(M) as a part of this discussion. Council Member Culpepper— | think we need to look at the future and how to get the Town’s tax base to reflect what the Town actually does instead of at the last second raising taxes. ‘Motion was made by Collins, seconded by McRae to adopt the Fiscal Year 2018-2019 Town of Franklin Budget as presented. Motion carried. Vote: 6 to 0. Council Member Mashburn — We discussed the bathroom back in May. At that time the Town had been put on notice by the county that the bathrooms at the courthouse would not be able to be used after hours for Town events by the senior resident Superior Court Judge William Coward. He felt there were security concerns. We had two options at that time to rent portable tollets or buy a much nicer restroom trailer for $23,000. | spoke with County Commissioner Ronnie Beale the next day about some ns on county property. He said he would call the Honorable William Coward the next day. When Ronnie called me back he said that Judge Coward also didn’t think portable tollets were a good idea. He agreed to let the Town use the restrooms at the courthouse under specifications described by the Sheriff's Office and the county maintenance supervisor. The cost of the courthouse restroom is a one- time $150 maintenance feel for some things they need to do. We currently have a part-time police officer that works outside during Pickin’ on the Square. Judge Coward has asked that @ Town police officer by placed inside the building. That officer is currently working already for $56 a night. I'm asking to discuss this night because we can look at spending a one-time fee for maintenance and the $56 that, ‘we are already paying instead of renting a portable toilet each weekend. Mayor Scott ~ There are more important things that need to be done by a sworn officer than sitting by the restrooms. | haven't heard any complaints about the port-o-johns, Council Member Culpepper ~ I'm adamantly opposed to having an officer sitting inside the foyer the entire time. If he or she can go out and walk through the crowd as well than I'm okay with that but I'm not okay with having an officer sit in the foyer all night. Council Member Mashburn ~ I didn’t reach out to the county to ask about using the courthouse, | asked about using some county property to possibly build a bathroom and this was an option. Council Member Culpepper —! would like to see the order from Judge Coward. Council Member Mashburn — He doesn’t have to write an order. That is what he directed.DRAr ¢ Vice-Mayor McRae ~ Can | suggest that we try using the courthouse to see how it works? June 4, 2018 meeting continued, Council Member Kimsey ~ | would lke to try it. After sitting here and ralsing taxes, this will give us an ‘opportunity to save some money. Motion was made by Collins, seconded by Kimsey to utilize bathrooms at the courthouse with Town provided sworn police protection during Pickin’ on the Square as directed by the Honorable William ‘Coward instead of port-o-johns. Motion carried. Vote: 4 to 2. Culpepper and McMahan opposed. New Business: Board Action on Regulation for the Placement of Utilities Land Use Administrator Justin Setser presented this item. Motion by Collins, seconded by McMahan to approve Regulations for the Placement of Utilities. Motion carried. Vote: 6 to 0. Ordinance is attached. New Business: Street Closing Request for the Arts Council ‘Town Manager Summer Woodard presented this item. Motion was made by McRae, seconded by McMahan to allow lotla street closing request for 6:30 p.m. 0 10:30 p.m. on June 29, 2018. Motion carried. Vote: 6 to 0. Business: Forward Unified Development Ordinance Text Amendment to Town Planning Board Land Use Administrator Justin Setser presented this item. Motion was made by Culpepper, seconded by Kimsey to forward Unified Development Ordinance Text Amendment to the Town Planning Board. Motion carried. Vote: 6 to 0. New Business: Discussion on Street Lights on Town Bridge Town Manager Summer Woodard and Town Engineer Nathanael Moore presented this item. ‘Motion made by Culpepper, seconded by Kimsey to approve placement of six lights on the Town Bridge. Motion carried. Vote: 6 to 0. New Business: Appointment of James Smith to the Town Planning Board Land Use Administrator Justin Setser presented this item. ‘Motion made by Collins, seconded by Culpepper to appoint James Smith to the Town Planning Board. ‘Motion carried. Voter 6 to 0.DRA, ‘New Business: Tra tion Improvement Project Municipal Agreement for U-5604 June 4, 2018 meeting continued, Town Engineer Nathanael Moore presented this item. ‘Motion was made by McRae, seconded by McMahan to approve Transportation Improvement Project ‘Municipal Agreement for U-5604 with the NC Department of Transportation. Motion carried. Vote: 6 100. New Business: Road Name Petition for West Trimont Drive Land Use Administrator Justin Setser presented this item. Motion was made by Mashburn, seconded by McMahan to approve the road name petition for West Trimont Drive, Motion carried. Vote: 6 to 0. New Business: Use and Oct sment for US 23/US 441 from US 64 to SR 1652 Town Engineer Nathanael Moore presented this item. Motion made by McRae, seconded by Kimsey to approve the use and occupancy agreement with the NC Department of Transportation for US 23/US 441 to SR 1652. Motion carried. Vote: 6 to 0. New Business: Budget Amendments Finance Officer Kyra Doster presented this item. Motion made by Kimsey, seconded by Mashburn to appropriate an insurance settlement of $1,400 to water and sewer, appropriate an insurance settlement check for the police department of $5,010 into thelr vehicle maintenance line, and appropriate $720 for the police department from Buckeye Bridge, LLCinto their overtime line, Motion carried. Vote: 6 to 0. New Business: Camp Gold Star discussion Mayor Scott presented this item. Camp Gold Star attenclees will be visiting the Town of Franklin on June 19, 2018. New Business: Merchant Parking on Main Street Mayor Scott — | would like for us to look at this. Highlands has the best policy I’ve seen. | would like to see us explore this again,DRAFT June 4, 2018 meeting continued, Items from the Board ‘Council Member Mashburn ~ There is a medication take back event this Saturday at the new Ingles on the Georgia Road from 11 a.m. to 2 p.m. Council Member Culpepper~ | just wanted to thank Justin Setser for going to the Economic Development training and getting certified. Council Member Collins - The Manager and | have been in discussions with the county concerning the old drive-in property. There’s some pump stations under county ownership but they fallin our utlities scheme and | think we do most all of the maintenance on them anyway. It looks like there may be a way for us to get those back under our ownership while working on lease options for the drive-in property. Adjournment Motion made by Kimsey, seconded by McMahan to adjourn the Town Council meeting at 7:30 p.m. ‘Motion carried. Vote: 6 to 0. Robert S. Scott, Mayor Travis Tallent, Town Clerk‘Agenda Item — Town Council Meeting Date: July 2, 2018 Agenda Item #: 6 (A) Department/Agency: Mission Health Subject Matter: Presentation from Mission Health- Karen Gorby will present this item, Information will be distributed at the board meeting. Department Head's Comments/Recommendation: N/A Town Manager's Comments/Recommendation: N/A Suggested Motion: N/A Attachments: Yes __ No_X_ Action Taken:Agenda Item — Town Council. Meeting Date: July 2, 2018 Agenda Item #: 6 (B) Department/Agency: JEPACA Subject Matter: Street Closing Request for JEPACA: Jimbo Ledford will present this item. Department Head’s Comments/Recommendation: N/A Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) Town Attorney will provide motion. Attachments: Yes_X_ = No__ Action Taken:JEPaCA, INC 110 Carolina Mountain Drive Franklin, N. C. 28734 June 8, 2018 ‘To the Town Council of Franklin, North Carolina, ‘We (JEPaCA, INC.) would like permission to close Carolina Mountain Drive from the comer of Greenbo Properties, parcel #6594291637, at the corner of Carolina Mountain Drive and S. Patton to the edge of the Graham Property, parcel #6594296799, from 4:00p.m. on Friday July 27% until Saturday July 28" at 11:30p.m. In addition, we would like to request a Special Event Alcohol Permit and permission to utilize permitted sales and consumption of alcohol at said above closed city street on Friday July 27° from 5:00p.m. till 12:00a.m, and Saturday July 28° from 12:00p.m, till 11:30p.m. ‘Thank you for your consideration in these requests! Respectfully, JEPaCA, INC. ai— Af t/ra? Mave S$ LUbA Te, fectdeee JEPaCA, ING, / 110 Carolina Mountain Drive, Franklin, N. C. 28734 / 828-342-8014Macon County 431,630 Disclaimer: © 00128 0028 205 at Pe ‘The infermaton conned on ha page tan om secal mapping, x mapping, and pul recorde and NOT aera alee be construed or used s 8 auvey or egal desertion Oly bers ‘onan suneyor ea we June 26,2018Agenda Item ~ Town Council Meeting Date: July 2, 2018 Agenda Item #: 6 (C) Department/Agency: Macon County School Board Subject Matter: Macon County School Board Water Tap Request. Todd Gibbs will present this item. Department Head’s Comments/Recommendation: N/A Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) Town Attorney will provide motion. Attachments: Yes_X_ No__ Action Taken:ne Rt 4 MACON COUNTY SCHOOLS Tn the Best Interest of Students 27 June 2018 To: Franklin Town Council From: Todd Gibbs Maintenance Director RE: Request for Waiving of Water Tap Fees Macon County Schools requests The Town of Franklin to waive the fees for a 1” water tap and Availability fees to the house and trailer park adjacent to Macon County Schools Board of Education building located at 1202 Old Murphy Road, Franklin, NC. Approximately 1996, Macon County Schools installed a new underground storage tank on the school bus garage property. During the removal of the old tank, it was determined that, at one time, the old tank had leaked gasoline into the ground surrounding the tank. Once this was determined, the NC Department of Environmental Resources was notified. NCDENR laid out stipulations that Macon County Schools must adhere to because of this UST leak to prevent gasoline byproducts from entering the water supply well for the trailer park, and house adjacent to school system property. ‘One of these stipulations was to have a 3° party take samples of the monitoring wells and the trailer part water supply well every year. ‘The water supply well for the adjacent property has always tested negative for any gasoline by-products. One of the monitoring wells closest to the underground storage tank continues to show traces of gasoline by-product. For this reason, we must continue testing all of the monitoring wells, and the adjacent property's water supply well. Ifthe adjacent property were connected to the municipal water supply, the on- going monitoring would end because there would be no possibility of gasoline by-product ever entering the adjacent property's water supply. 1202 Old Murphy Re, Franklin, NC 28734 * Phone: 828-524-3314 * FAX: 828-369-7240“\ | MACON COUNTY SCHOOLS In the Best Tnterest of Students Ourasking of walving tap, and availability fees, is not only being done to benefit, the adjacent property's residents, but also to the save the school system from having to access funds intended for other school building projects. ‘Thank you for your time and consider: n to this request. 11202 Old Murphy Ra, Franklin, NC 28734 * Phone: 828-524-3314 « FAX; 828-369-7240Agenda Item ~ Town Council Meeting Date: July 2, 2018 Agenda Item #: 6 (D) Department/Agency: Administration Subject Matter: Street Closing Requests. Town Manager Summer Woodard will present this item. Department Head's Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Consideration Suggested Motion: If (favorable) approve street closings as presented. Attachments: Yes_X_ No__ Action Taken:Summer Woodard From: Dave Linn Sent: Friday, June 22, 2018 11:23 AM Te Summer Woodard ce: Robert S. Scott Subject: Jeepers Creepers "Trunk or Treat” T wanted to reach out to you about reserving the town square on October 27th from Spm-7pm (4pm set up time). This would be a benefit for CareNet & Habitat for Humanity. ‘The event will showease the various jeeps of WNC area and would let children trick or treat and each jeep entry ‘would host a Halloween theme and the general public would vote for the best theme, You could think of it as a jeep show. 1 would like to reserve both sides of Itola Street for the event (trick or treaters would use the eross-walk to cross back & forth) If you need any other information, please let me know. thank you- Dave Linn 828.421.7637Summer Woodard From: lunchdiva@frontier.com Sent: Tuesday, June 26, 2018 11:25 AM To: sscruggs@franklinne.com ce swoodard@frenklinnc.com Subject: agenda item for July council meeting Attachments: Street cosing request for July Town Council meeting.docx Greetings, and thank you guys for all of your help on this project! Here is what we are asking of the town council. I'm not certain what all is required of me so please let me know ifwhen | should be there for the meeting and anything | may need to bring. Also, | am not sure if | need to make any additional arrangements with law enforcement for this change in plans. | can be reached at Lunchdiva@frontier.com, or by phone at 828-371-4933. Blessings, Mary Guercio "By this shall all men know that ye are my disciples, if ye have love one to another.” John 13:38All Saints’ Episcopal Church is hosting “Come Together, a community celebration of Recovery”, at the town Gazebo on Friday, Sept. 28", 2018. We would like to ask the council to authorize the closing of lotla Street on the block that runs from Main Street to Church Street for this event, in order to provide more room for the community to gather, and to ensure our presenters have room for tables set up with their agencies information. We believe this event will be an asset to our ‘community, as it will highlight local organizations addressing addiction, and will conclude with a testimony from 2015 Grammy Award winner Mike Ferris. You can find a similar testimony and song from Mr. Farris on YouTube if you search Mike Farris - River Pointe Church. If you have any questions or need to contact me, | can be reached at (828)371-4933 Thank you for your consideration, Mary Guercio, Outreach Coordinator for All Saints’ Episcopal ChurchAgenda Item — Town Council Meeting Date: July 2, 2018 Agenda Item #: 6 (E) Department/Ageney: Land Use Subject Matter: Set Public Hearing for Unified Development Ordinance Text Amendment. Land Use Administrator Justin Setser will present this item. Department Head's Comments/Recommendation: N/A Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) set public hearing for unified development ordinance text amendment for Monday August 6, 2018 at 6:05p.m. Attachments? Yes _X No__ Action Taken:Com of Sranklin Post Office Box 1479 "Franklin, North Carolina 28744 (828) 524-2516 Application to Amend the Text Only of the Unified Development Ordinance Applicant: Toun of Fran thin Address: 45 E. Mara ST Telephone: (428) 524-2516 INFORMATION ABOUT THE PROPOSED TEXT AMENDMENT(S). [Must be filed at least 30 days before the date of the Planning Board meeting where it will be considered] A Number(s) and title(s) of the section(s) to be amended (staff will assign numbersttitles for new sections). 2.0% T eee Siz B. _Explain the purpose or need for each proposed amendment(s). Use additional sheets, if necessary. To chanye the Sidewalk width from the Coften™ 4 €T LeauvemenT te S$ St +o mee? BDA guidelines ©, Recommended text for each proposed amendment(s). Use adtitional sheets, if necessary The SHewalks Sequined bY this setivon Shall be aT leagr Seer wider onsTr. Leet dew A eC f Of Ya town See a tae ad met ea nmeen ARK. spalg “signature of Applicant DateOffice Use Only Previous request for same amendment? () Yes () No. Action: Dee cece seas Applicaton Reoaived By: Date: PLANNING BOARD RECOMMENDATION: Approved ["] Denied [] vote: esting Date: ‘Town Board to Schedule @ public hearing after recciving a recommendation from the Planning Soar, Legal notice must be placed with date of hearing twice prior to hearing date. Fist notice between 10 and 25 days before hearing, PUBLIC HEARING DATE: BOARD OF ALDERMEN RECOMMENDATION: Approved [_] Denied [—] Vote: Meating Date:Ordinance No. 2018-004 AN ORDINANCE ADOPTING CERTAIN AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE FOR THE TOWN OF FRANKLIN REQUIRING ADA STANDARD WIDTH FOR SIDEWALKS. WHEREAS, there was adopted a unified development ordinance for the Town of Franklin, by unanimous vote of the Board of Aldermen, at its regular meeting held on the 1 day of October, 2007; and WHEREAS, the Acts of the Stale Legislature of the State of North Carolina empower and authorize the Legislative Body of this Town to adopt ordinances, and to revise, amend, augment, recodify and restate ordinances adopted pursuant to that authority; and WHEREAS, as the Legislative Body of the Town of Franklin, the Town Council deems it necessary and expedient to adopt certain amendments to the unified development ordinance for the Town of Franklin, and has considered adoption of the same after due advertisement and public hearing; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Franklin that: Section 1. §152.098(1) of the Unified Development Ordinance is hereby amended as follows: “() Road and sidewatk requirements in unsubdivided developments. With unsubdivided developments, all private roads and access ways shall be desi constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Width of roads, use of cur’ and gutter, and paving specifications shall be determined by the provisions of this chapter dealing with parking and drainage. To the extent not otherwise covered in the foregoing subchapters, and to the extent that the requirements set forth in this subchapter for subdivision streets may be relevant to the roads in unsubdivided developments, the requirements of this subchapter may be applied to satisfy the standard set forth in the first sentence of this subsection. (5). The sidewalks required by this section shall be atleast four five (5) feet wide, or at the width currently required by the Americans with Disabilities Act of 1990 as amended, whichever is wider, and otherwise constructed according to the specifications of the town, except that the permit issuing authority may permit the installation of ‘walleways constructed with other suitable materials when it concludes that (a) such walkways would serve the residents of the development as adequately as concrete sidewalks and (b) such walkways could be mote environmentally desirable or more in keeping with the overall design of the development. €000s3026.00C }Section 2. §152.098(K) of the Unified Development Ordinance is hereby amended as follows: “(K) Sidewalk requiremenis, All new development or redevelopment shall have sidewalks, with curb and gutter and necessary storm sewer, along each public street ig the development in accordance with the standards of the town, including without limitation the standards for sidewalks contained in subsection J of this se Section 3. This ordinance shall be deemed published as of the day of its adoption and approval by the Town Legislative Body and the Clerk of the Town of Franklin is hereby authorized and ordered to file a copy of said ordinance in the Office of the Town Clerk. Section 4. This ordinance shall be in full force and effect immediately on the date of its publication and filing thereof in the Office of the Clerk, and said ordinance shall be presumptive evidence in all courts and places of the ordinances and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that te same is properly signed, attested recorded and approved and that any public hearings and notices thereof as required by law have been given. ADOPTED: This_ day of » 2018, upon motion by Couneil Member , Seconded by Council Member , and having been approved by a vote of __ in favor and __ against. ATTEST: "TOWN OF FRANKLIN Travis Tallent, Clerk Robert S. Scott, Mayor #8: 00083026,00C }Plan. Even if the community does nat ceceive official des- ignation on its first attempt, the feedback from the League ‘and potential for Honorable Mention status can inspire lo= cal leaders to implement other Plan recommendations. the League will reach out to local members to provide input and local bicycle clubs could help the community complete stern Commission COG has assisted other area communities in compiling bicycle route ‘and demographics data for the appiication. Partners: Town of Frankl C06, focal bicycle clubs. Southwestern Commission Time frame: 2018. 44, Revise Franklin's UDO Revise the Town of Franklin Unified Development Ordi- nance (UDO) Section 152.098(1)(5) to increase the mum sidewalk width from 4 fect to at least § feet, sidewalks should be required in the downtown area and ther developing co areas. Develop to ot design ¢ Section 183.098 - Streets and sidewalls. Revise the UDO's pen space Standards to require an easement for green way development during the land subdivsion/development process (when appropriate based an greenway plan rec-~ ommendations). + Partners: Town of Franklin, planning consultant firm, Friends of the Greenway. Time frame: 2016. Evaluation ‘eansportation-based projects, programs and policies are some of the most measurable aspects of the bui ronment because an organization or municipality can track the progress of investments and policy changes. Given the economic uncertainty in many communities, non-profits, towns, COGs and DOTS, these organizations are finding value in tracking the performance of a variety of actions. For communities lke Franklin, methods of tracking the performance of projects, programs and policies can not only lead to easy mat include in a Bicycle Friendly Com- cnuaity application, but ci jes that shaw measurable progress in the Implementation of their plans c themselves in a more strategic position to recelve from grants or other pursuits Exhibit 9-2: Performance Measures & Frequency eer rome: io! Percentage of Bicycle Facilities Addressed | 2 years from Plan I ‘of Designated Routes, Shoulders/ 2 years eee 2 years “Faripancs in ake we School and walk | Yearly School Programs [ex Yearly le Crashes (with Fe- Yearly 8) User Counts on Greenways Bikewalk Franklin - ch.9 cated for Bicycle and 's and Programs Percentage of Crosswalks with Painted Striping Percentage of Downtown sidewalk system That Meets ADA Requirements B years =p. Cchizen Self-Reported 2 yearsPlanning Board Recommendations Town of Franklin June 18, 2018 ‘*Applicant- Town of Franklin ‘© Original application was submitted on May 29, 2018. ‘+ Tochange minimum sidewalk requirements In the UDO section 152.098 |) from 4 feet to 5 feet ‘+ This change to 5 feet Is to meet minimum ADA requirements for sidewalks ‘+ This change was recommended in the Bike Welk Franklin plan. Page 147 Recommendation Consideration 152.163 (A) 1. The proposal will place all property similarly situated in the area in the same, category, or in appropriate complementary categories. Yes all sidewalks would le required to meet same standards throughout town. 2, There is convincing demonstration that all uses permitted under the proposed district classification would be in. the general public interest and not merely in the interest of an individual or small group. Yes all residents and Visitors would enjoy the wider and safer sidewalks. 3. There is convincing demonstration that all uses permitted under the proposed district classification would be ‘appropriate in the area Included tn the proposed change. Yes 4, There is convincing demonstration that the character of any neighborhood will not be materially and adversely affected by any use permitted in the proposed change. Yes the neighborhoods would be enhanced by the better sidewalks 5. The proposed change Is In accord with the principles of growth, sound planning principles and any applicable small area plan. Yes because if POG Item #4 to create walkable neighborhoods. Recommendation: PB voted 6-0 to recommend to approve as presented.Agenda Item — Town Council Meeting Date: July 2, 2018 Agenda Item #: 6 (F) Department/Agency: Administration Subject Matter: Water Troatment Plant Change Order- Town Engineer Nathanael Moore will present this item. Department Head’s Comments/Recommendation: N/A Town Manager’s Comments/Recommendation: Approval Suggested Motion: If (favorable) approve change order as presented. Attachments: Yes_X_ No Action Taken:Change Order No, One Date of Issuance: June 20, 2018 Effective Date: June 20, 2018 Project: Water Plant Upgrade [Owner: Town of Franklin Owner's Contract No. Contract: Water Treatment Plant Upgrade [Date of Contract: August 3, 2017 Contractor: Brushy Mountain Builders. Inc. [Engineer's Project No.: 15.0359 ‘The Contract Documents are modified as follows upon execution of this Change Order: Deseription: 1) Incorporation of Work Change Direstive 2018-1, issued April 9, 2018; 2) Reflect additional changes, in layout of drain piping to new chemical feed building; 3) Increase contract time by an additional 90 days. The net effect of these items results in no change to the Contract price and an increase in contract time to 455 days substantial and 485 days final completion Attachments (list documents supporting change): Summary of change order items: 1) Work Change Directive 2018-1; 2) Summary of change items; 3) Complete set of revised project drawings CHANGE IN CONTRACT PRIC CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ["] Working & Calendar days Substantial completion (days or date): 365 days (09/05/18) $_1,578,000.00 Ready for final payment (days or date): 395 davs (10/05/18) [Increase] [Decrease] from previously [Increase] [Decrease] from previously approved Change Orders approved Change Orders No. 0 to No. 0: No. 0 to No. 0: Substantial completion (days): 0 so Ready for final payment (days): 0 Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): 365 days (09/05/18) $_1,578,000,00 Ready for final payment (days or date): 395 davs (10/05/18) Tncreasc] [Beerease] of this Change Order: [Increase] [Beerease), ofthis Change Order: Substantial completion (days or date): _90. so Ready for final payment (days or date): _90 Contract Price incorporating this Change Order: ee Contract Times with all approved Change Orders: Substantial completion (days or date): 455 days (12/04/18) $1,578,000.00, Ready for final payment (days or date):485 days (1/03/19) RECOMMENDED, ‘ACCEPTED: ACCEPTED: Engineer: Owner: Contractor: LAL [i Mens. Print: Ha : Print, Print: font H. roast Date: flmhy Date: Date: PAPAIT:) Approved by Funding Ageney (if applicable): Date: EJCDC C941 Change Order Prepared by the Engineers Joint Contract Documents Commitee and endorsed by the Construction Specifications Insite, Page ofCHANGE ORDER #1 SUMMARY Water Treatment Plant Upgrade Town of Franklin June 20, 2018 1. Incorporation of Work Change Directive 2018-1 All items as described in the executed work change directive shall be incorporated into the Contract Documents. A copy of this directive is attached to this Change Order ‘Number One. 2. Increase in Contract Time ‘The contract time shall be increased by 90 days, from 365 days to 455 days for substantial completion and 395 days to 485 days for final completion. This established a new substantial completion date of December 4, 2018 and final completion date of January 3, 2019, 3. Project Drawing Revisions dated June 15, 2018 The following sheets have been revised from the project drawings describe in Work Change Directive 2018-1: G-001, C-102, C-103, C-104, C-108, These sheets have been revised to climinate the waste piping from the new pre-treatment building as originally routed, provide new interior drain piping configuration for the pre-treatment building, and connection to an existing 12-inch drain line adjacent to the demolished bulk storage facility. Appendix Drawing 5 of 21 has been added to the revised plans to show the approximate location of the new connection to the existing 24-inch backwash line to the existing 12-inch drain piping,Work Change Directive No. 2018-1 Date of Issuance: April 19, 2018 Effective Date: April 20, 2018 a ‘Water Treatment Plant Owner: Town of Franklin [Owner's Contract No.: i ‘Contract: Construction of Improvements for Water Treatment Plant [Date of Contract: August 3, 2017 Contractor: Brushy Mountain Builders, inc. [ingineers Project Nox 15.0038 Contractor is directed to proceed promptly with the following change(s): Trem No. [Description T [Construction of the project incorporating the revisions fo the project drawings {dated March 2, 2018. The changes are summarized on Attachment “A” to this (document. Attachments (list documents supporting change): Attachment “A” describing the drawing revisions and a copy of the revised project drawings. Purpose for Work Change Direetive: To restart work on the project and move the project, forward to completion as rapidly as possible. Authorization for Work described herein to proceed on the basis of Cost of the Work due to: C1 Nonagreement on ping of proposed change, (Not applicable —no change fa Contract Price) 1) Neves to expedite Work described herein ricco apresing to chages on Contras Price and Contact ‘Time. (Not applicable — no change in Contract Price) Estimated change in Contract Price and Contract Times: Contract Price $0.00 _(increase/decrease) Contract Time 90 _(increase) days ‘The current contract price is $ 1,578,000.00 Petes NS Date, Date. liga Received by Funding Agency (if applicable): Date: TEICDC Cw Work Changs Drea Prepared by the Eaenters Joat Contract Docume Commitee and endorsed by the Costruction Spctcaons nats, Page deftATTACHMENT “A” Work Change Directive No, 2018 - 1 Revised Project Drawings Water Treatment Plant Upgrade ‘Town of Franklin April 19, 2018 ‘The following project summary is provided for reference: 1, Bids for water treatment plant received on April 27, 2017. 2. Bids submitted by Brushy Mountain Builders, Inc. in the amount of $1,578,000 accepted and award made, Notice of Award issued ~ 6/20/18 Contract dated - 8/3/17 Notice to Proceed — 8/3/17 Substantial completion ~ 9/5/18 ‘bFinal completion — 10/5/18 Directive/Conclusions Brushy Mountain to construct the water treatment plant improvements in accordance with the revised project drawings for the criginal bid of $1,578,000, yaw formation Related To Di Revisions. ‘The following is a summary of the major revisions/changes to the project drawings as incorporated into the March 2, 2018 revised plans. The summary may not be totaly inclusive of all items shown on the revised drawings, 1, Redesign of the pre-treatment and chemical feed building to combine both the Actiflo pre- ‘treatment and chemical storage and feed system into a single building, These improvements are shown on drawings C-103, C-104, C-105, and C-106. The revised site plan for the building is shown on drawings C-102. The building size has increased by 1,200 sf from 40 X 60' to 60' x 60'. Eave height on chemical storage building increased from 17° to 21°. McGill Associates review of the revised contract drawings indicates that these revisions to the chemical feed building layout adds approximately 500 linear feed of”, 1”, 1 1/2", 2" and 4 PVC piping inside the revised chemical feed building. Incorporated into these revisions is the addition of work associated with the relocation of the Owner's corrosion inhibitor feed system into the new chemical storage building at the location shown. Included with this work is new chemical feed piping from the relocated corrosion inhibitor feed system to feed point on the filter effiuent shown on drawings 2, C-107, C-108, C-109, C-110 of the original drawings have been deleted from the project and the improvements combined into the new larger chemical storage and feed system building.3. The revised drawings delete the Actiflo building, Actiflo Chem feed building es shown ‘on drawings C-107, C-108, C-109, and C-110 of the original drawings. 4. The addition of metal platforms and stairs around the Actiflo pre-treatment unit and chemical feed storage and feed equipment as shown on drawings C-103 and C-104. 5. Delete the concrete retaining wall, excavation, and backfill of wall as shown on the original project drawings C-102 and C-109, 6. The Owner will restore the bank between the WTP parking lot and sedimentation basins Previously disturbed by the Contractor as a part of excavation and preparation for the original construction of the retaining wall shown on drewing C-102 and C-109 of the criginal contract drawings. 7. Delete the chemical feed vault and associated piping as shown on drawings C-102 and C- 505 of the original contract drawings. 8. Delete the stormwater piping and catch basin shown on drawings C-102 of the original Contract drawings. 9. The addition of approximately 250 LF of 16 DIP yard piping (inlet and outlet piping) to supply the Actiflo pre-treatment system in the new revised location as shown on drawing C-102 of the revised contract drawings. 10. Chemical bulk storage and feed system improvements are show on the revised contract drawings C-103, C-104, C-105, and C-106. These changes are essentially the same as the original contract drawings with the exception that the original single 5,000 bulk storage tank for caustic has been revised to two 3,000 galion capacity tanks, 11. Temporary chemical bulk storage ‘Since the original bid the Owner has switched to a PAC product to eliminate the alum system. The contractor now is only responsible forthe temporary storage of the remaining ‘caustic stored in the 10,000 galion bulk tank prior to the demolition of the existing ‘chemical storage building, The work associated with the temporary chemical feed system 1s shown on drawing C-107 of the original project drawings is deleted and replaced with the following work items: DESCRIPTION 8) The revised chemical feed plans have two new 3,000 gallon Caustic tanks,b) Brushy Mountain is to instal one of these in a temporary manner outside of the existing plant building and the new building et a location Brushy Mountain decides is appropriate, ©) The car port storage building is to be deleted from the project, 4) Brushy Mountain to provide piping from the temporary 3,000 gallon Caustic tank into the existing chemical storage room located in the basement of the WTP and connect into the current caustic line that runs from the existing bulk caustic tank to the day tank. Brushy Mountain to determine if the best sclution is to ron a complete new line from the temporary bulk tank to the existing day tank with a shut-off valve at the day tank. This may be required as it may be 4ifficult to tie into the existing day tank fill line from the bulk tank if there are no shutoff valves to allow the line to be shut-off for the tie in, ©) The feed line across the parking lot are to eitherbe buried or protected as Brushy Mountain deems appropriate, 4) Brushy Mountain is responsible for transfer of caustic stored in the Owner's bulk tank to the temporary tank. Brushy Mountain may consider using the chemical transfer tank proposed for the project for this work, 12, Incorporate into the project improvements the yard piping changes associated which the ‘waste piping from the Actiflo system, to the alum sludge lagoons as shown on the revised contract drawings C-102, and C-112 drawings. 13. Incorporate into the project the new lab cabinet to replace the existing lab cabinet including all associated piping, reconnections and electrical controls for the various sample pumps. 14, Incorporate into the project the restocking of previously purchased valves 6”, 8” and 12” and change'teplace/provide Mueller valves, 15. The original contract has a $20,000 allowance for line stops. To date only one line stop ‘was required on the project and no additional lines stops are required. With this reduction in work this Work Change Directive reflects a credit to the Contract in the amount of $11,063.04, 16. The original contract has a $7,500.00 allowance for the repair of the existing WIP controf/altitude valve, The Owner has determined that the existing valve cannot be repaired and would like to have the valve replaced with a new 24” model 660-O8BPY KC DS FSB 150 AG Cla-Val Automatic Control Valve. The allowance for this item is increased to $35,000 and is incorporated into this Work Change Directive,17. The original contract has a unit price of $20,00/SY for 930 SY of asphalt overlay. The quantity of asphalt overlay shall be increased to 1,500 SY at the $20.00/SY unit price, The allowance for this item is increased to $30,000 and is incorporated into this Work Change DirectiveTN ABH HALTWN 6 MOT | = Soe i Ni INS AL C-10XAgenda Item — Town Council Meeting Date: July 2, 2018 Agenda Item #: 6 (G) Department/Agency: Administration Subject Matter: Reappointment of Town Tax Collector. Town Manager Summer Woodard will present this item. Department Head’s Comments/Recommendation: N/A Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to re-appoint Sabrina Scruggs as Town Tax Collector for a one year appointment. Attachments: Yes _X No__ Action Taken:TOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 RESOLUTION OF THE TOWN COUNCIL FOR THE TOWN OF FRANKLIN TO APPOINT THE TOWN TAX COLLECTOR WHEREAS the Town Council for the Town of Franklin has the duty to collect payments of property and other taxes for the Town, pursuant o Chapter 105 of the North Carolina General Statutes; and WHEREAS the Town Council is required pursuant to N.C.G.S. §105-349 to appoint a tax collector, and to fix the term and amount of a bond to be furnished for said tax collector's honest and faithful performance of duties; and WHEREAS Sabrina Scruggs has heretofore faithfully and honestly performed the duties of tax collector on behalf of the Town of Franklin. THEREFORE, BE IT RESOLVED by the Town Council, the following: Section 1, Sabrina Scruggs is appointed to serve as the tax collector for the Town of Franklin, Section 2. The term of the said appointment is to be one (1) year, to expire on the Ist of July 2019, The amount of the bond to be furnished to the Town of Franklin, pursuant to N.C.GS. §105-349, shall be not less than $25,000.00. ADOPTED: This 2nd day of July, 2018, upon motion by Council Member . seconded by Council Member , and having been approved by a favor and __ against. Robert S. Scott, Mayor Attest Date Town Clerk {CS; 00028856.D0C}TOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 OATH OF OFFICE TAX COLLECTOR FOR THE TOWN OF FRANKLIN, NORTH CAROLINA "T, Sabrina Scruggs, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as tax collector for the Town of Franklin, and that I will not allow my actions as tax collector fo be influenced by personal or political friendships or obligations, so help me God." Sabrina Scruggs a a Date ‘Sworn and subscribed before me, this the __ day of July 2018. (SEAL) a Travis Tallent Notary Public My commission expires (CS: 00028856.DOC}Agenda Item ~ Town Council ‘Meeting Date: July 2, 2018 Agenda Item #: 6 (H) Department/Agency: Administration Subject Matter: Resolution Authorizing Town Tax Collector to Collect 2018 Taxes. Town Manager Summer Woodard will present this item. Department Head's Comments/Recommendation: N/A "Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) to adopt resolution authorizing Town Tax Collector Sabrina Scruggs to collect the 2018 taxes. Attachments? Yes _X. No__ Action Taken?TOWN OF FRANKLIN Post Office Box 1479 Franklin, North Carolina 28744 (828) 524-2516 STATE OF NORTH CAROLINA TOWN OF FRANKLIN To the Tax Collector of the Town of Franklin You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the office of the Town of Franklin and the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the Town of Franklin, and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Witness my hand official seal, this the 2nd day of July, 2018. Robert S. Scott, Mayor Attest Date Travis Tallent, Clerk (CS: 00029573.DOC}Agenda Item — Town Council Meeting Date: July 2, 2018 ‘Agenda Item #: 6 @ Department/Agency: Administration Subject Matter: Application for Fiscal Year 2018-2019 Non-Profit Funding Pool. ‘Town Manager Summer Woodard will present this item. Department Head’s Comments/Recommendation: N/A ‘Town Manager’s Comments/Recommendation: N/A Suggested Motion: No motion needed. This is for information only. Attachments: Yes_X_ No__ Action Taken:Checklist Application for Non-profit Funding Town of Franklin ‘iscal Year 2018-2019 All applications are due by 5:00 p.m. on Monday August 20, 2018 Name of Agency/ Organization: Mail Address: Pere eereereeeEre Contact Person {with telephone number): Amount Requested (cannot exceed $5,000}: Please see the attached list of criteria, and attach documentation as required to support the application, including: + Awritten demonstration of how the granting of funding will meet the “public purpose” requirement. + Awritten description of how the agency will spend the money to benefit the town taxpayer, particularly the activity of the agency within the town. ‘© Astatement as to whether the funding is for a one-time or recurring basis; and if the request is, ‘ona recurring basis, show how the agency plans to seek a declining amount of funding in future years. ‘+ Acopy of the agency's most recent annual budget, which must show a matching requirement for the amount of funds being requested. ‘+ Awillingness to enter into a contractual agreement to receive the fundingAn obligation to submit an annual audit or financial report verifying that the funds were expended for the intended purpose. ‘A copy of the agency's Internal Revenue Service (IRS) determination letter. A list of the agency's current board of directors. ‘The number of times the board of directors met in the past year (must be at least three) A copy of the minutes of the agency's annual board meeting. Complete application packages should be submitted to: ‘Summer Woodard Town Manager Town of Franklin 95 East Main Street Franklin, NC 28744 Applications will be considered by the Town Council on a competitive basis.Agenda Item — Town Council Meeting Date: July 2, 2018 Agonda Item #: 6 J) Departmont/Agency: Administration Subject Matter: Presentation on Downtown Parking Trial. Land Use Administrator Justin Setser and Town Engineer Nathanael Moore will present this item. Information will be distributed at the board meeting. Department Head's Comments/Recommendation: N/A Town Manager’s Comments/Recommendation: Consideration Suggested Motion: If (favorable) Town Attorney will provide wording. Attachments: Yes__ - No_X_ Action Taken‘Agenda Item — Town Council Meeting Date: July 2, 2018 Agenda Item #: 7 (A) Department/Agency: Legal Subject Matter: Resolution Authorizing Electronic Purchases. Town Attorney John Henning Jr. will present this item. Department Head’s Comments/Recommendation: N/A ‘Town Manager's Comments/Recommendation: Approval Suggested Motion: If (favorable) Town Attorney will provide wording. Attachments: Yes _X No Action Taken: eeTOWN OF FRANKLIN RESOLUTION OF THE TOWN COUNCIL AUTHROIZING ELECTRONIC PAYMENTS AS DEFINED IN G.S. §159-28 WHEREAS, the Local Government Commission recently adopted rules addressing the application of the pre-audit and disbursement process mandated by the Local Government Budget and Fiscal Control Act to the expenditure of local government funds by electronic means, such as charge cards, credit cards, debit cards, gas cards, procurement cards, and electronic funds ‘transfers; and WHEREAS, the Town Council desires to permit the Town of Franklin to engage in such transactions, as defined in G.S. §159-28; WHEREAS, it is the responsibility of the Town Finance Officer to adopt a written policy outlining procedures for pre-auditing obligations that will be incurred by electronic means as required by North Carolina Administrative Code 20 NCAC 03.0409; and WHERAS, itis the responsibility of the Town Finance Officer to adopt a written policy outlining procedures for disbursing public funds by electronic transaction as required by North Carolina Administrative Code 20 NCAC 03.0410. ‘THEREFORE, BE IT RESOLVED by the Town Couneil of the Town of Franklin, the following: Section 1. The Town of Franklin is authorized to engage in electronic payments as defined by G.S.§159-28. Section 2. The Town Finance Officer is directed to adopt a written policy outlining procedures for pre-auditing obligations that will be incurred by electronic payments, as required by North Carolina Administrative Code 20 NCAC 03.0409. Section 3. The Town Finance Officer is directed to adopt a written policy outlining procedures for disbursing public funds by electronic transaction as required by North Carolina Administrative Code 20 NCAC 03.0410. Section 4, This resolution shall take effect immediately upon its passage. ADOPTED: This 2” day July, 2018, upon motion by Council Member seconded by Council Member _, and having been approved by a vote of __in favor and __ against. ‘Robert §, Scott, Mayor Attest Date {€:00053312.D00 )Agenda Item — Town Council Meeting Date: July 2, 2018 Agenda Item #: 7 (B) Department/Ageney: Legal Subject Matter! Discussion on Uniform Guidance Polices. Town Attorney John Henning Jr. will present this item. Department Head’s Comments/Recommendation: N/A ‘Town Manager’s Comments/Recommendation: Approval Suggested Motion: If (favorable) Town Attorney will provide wording. Attachments? Yes _X No Action Taken?TOWN OF FRANKLIN Uniform Guidance Conflicts of Interest and Gift Policy {€8:00083228.0Cx }1. Purpose The purpose of this policy is to establish conflicts of interest guidelines that meet the requirements under state law and local policy when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects paid for by state and/or local funds, and to exceed those requirements when procurements are paid for in part or whole by federal funds and required under 2 CFR. § 200.318(c)(1). Ul, Applicability This policy applies pursuant to state law to all expenditures of public funds, regardless of the source of the funds, when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects; additional restrictions apply to expenditures funded in part or whole with federal financial assistance (direct or reimbursed). This policy also applies to any subrecipient of federal funds. The employee responsible for managing the federal financial assistance award shall review the notice of award to identify any additional conflicts of interest prohibitions or requirements associated with the award, and shall notify all employees, officers, and agents, including subrecipients, of the requirements of this policy and any additional prohibitions or requirements. A. Conflicts of Interest. Pursuant to G.S. 14-234, officers and employees of the Town of Franklin who are involved in the procurement of goods, services, or construction are prohibited from obtaining any direct benefit for either the officer/employee personally, or for the officer/employee’s spouse. Any officer or employee who may have such a conflict of interest should seek guidance from Town administration prior to expending or agreeing to expend any public funds. in addition to the prohibition against self-benefiting from a public contract under G.S, 14-234, no officer, employee, or agent of the Town of Franklin may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. A real or apparent conflict exists when any of, the following parties has a financial or other interest in or receives a tangible personal benefit from a firm considered for award of a contract: 1. the employee, officer, or agent involved in the selection, award, or administration of a contract; 2, any member of his or her immediate family; 3. his or her partner; or 4. an organization which employs or is about to employ any of these parties. Any officer, employee, or agent with an actual, apparent, or potential conflict of interest as defined in this policy shall report the conflict to his or her immediate supervisor. Any such conflict shall be disclosed in writing to the federal award agency ‘or pass-through entity in accordance with applicable Federal awarding agency policy. (= 00088229 b0cx)Uniform Guidance Conflicts of Interest and Gift Policy Page2Gifts. In addition to the prohibition against accepting gifts and favors from vendors and contractors under G.S. 133-32, officers, employees, and agents of the Town of Franklin are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to subcontracts. Items of nominal value which fall into one of the following categories may be accepted: 1. promotional items; 2. honoratiums for participation i 3. meals furnished at banquets. meetings; or Any officer, employee or agent who knowingly accepts an item of nominal value allowed under this policy shall report the item to his or her immediate supervisor. Violation Employees violating this policy will be subject to discipline up to and including termination. Contractors violating this policy will result in termination of the contract and may not be eligible for future contract awards. {GS-00052220.000 Uniform Guidance Conflicts of Interest and Gift Policy Page 3NoTe: ts wae, CONTRACT 6 MEANT TO PROVIDE THE BASIC OUTLINE FOR A FUKCHASING, SERVICE Ofcoxgmi/eTion CONTRACT. [13 TEAMS MAY NOTBE APPLICABLE OR ADVISABLE DI EVERY SETUATION TrDoES Wor SreIrY HE METIOD OF MDG USSD 10 AWARD AND DOES NOI CONSTITUTE 120A ADVICE LEQAL COUNSEL SHOULD BE SOUUIET PaIOR TO ALTERING, AMENDING, OR EXECUTING HS. INSTRUMENT ‘STATE OF NORTH CAROLINA PROCUREMENT AGREEMENT ‘COUNTY OF MACON ‘THIS CONTRACT AND AGREEMENT, made and entered into his the __ day of. 120, by and between THE TOWN OF FRANKLIN, a municipal corporation ofthe Sue of North Carolina (he "Towa", and [CONTRACTOR], al TYPET ofthe sate of [STATE] having is principal place of business at [ADDRESS] (the “Contractor”, WITNESSETE: ‘THAT FOR and in consideration of Ten Dollars ($10.00) and other valuable consideration, the rosipt of which is hereby acknowledged, the Contractor agres to render servioes (the Services") othe Tov, pursuant tote terms below. A, Description of Services ‘&. [DESCRIPTION OF SERVICES] [ATTACH SCOPE OF WORK/PROPOSAL/BID DOCUMENT/BILL OF SALE, AS APPLICABLE, ASEXHIBIT A] ', Tnorder to failiate provision ofthe Services, ne Contractor shal i, Meet with dhe Town Manager andr designe(s) according to a schedule ‘agreed upon by the Town Manager and Contactor. ii, Contractor, without prior spoctic epproval ofthe Town Manager. 2 Payment Payment shall be made to Contractor as follows: 1 Within ten (10) days ofthe date of excoution ofthis contract and within te (10) days ‘ofthe first day of each month that this Agreement isin eect thereafter, the Town Shull pay tothe Contraor the sum of _—__Dollarsand_ Cents b. The Towh sl pay costs of printing, aterls, poste al Ober eosts and expanses elt the Seriees, and shall reimburse fhe Contactor forout-o-pocket expenses Folate hereto. zi Out oF rv tail hy i Cone ote to Ue Services shall be appfOved on a tssesby-case basis hy the Tow Manages. The Town will pay or reimburse for expenses elated approved travel, inclaing mileage for Contractor's personal vehicle atte approved federal ate) 3 Temi ‘a Termigation for Cause: [f the Contractor fils o [PNSERT as appropriate: TA] “iligently and competently render dhe Servies” or {B] “complete the Project within the times specified in sotions _and_ _above, or fls to diligent perform the Work with saficlent workmen and Commented IA Aijatcowtig opanwete pecs cance fcoraened (ARF tp ofan ae Bogan LECILP coonequipment or with suficfent materials to ensure the prompt completion of said ‘Werk ce performs the Wark unsuitably or shall dssontinue the prosecution of the “Work or not camry on the Work in en acceptable manner” isto tively deliver the Goods speed in good, marketable and on,"T ‘then the Tovin may give written notice, sent by cetfed mail return receipt requested, to the Contactor al the addres of ts principal place of business, notifying the Contractor of such delay, neglet, or default, spesfying the same, and i the Contractor shall not setisfactorily cure the said delay, nose, tr defwult within a period oF fiften (15) calendar days after such notice, then the ‘Town may inthe sole discretion ofthe Town Manager declare this Agreement in default anc in such event sll have the full power and auority, without violating the Agreement, to (INSERT as appropriate TAI “procure competent provision ofthe Services from an alternate provider” oF {B]"teke the prosecution ofthe Work ou of the Ixnds ofthe Contractor, to appropriate o use any o ll contract materials and equipment atthe projec site ‘as may be suitable and acceptable and may enter into an agreement for the ‘completion of the Work according to the terms aad provisions hereof or use such ‘ther methods asi the Town's opinion shal be required forte completion of the ‘Work in acceptable manne or TC] “obicin the same or equvatec replacements ofthe Goods the exact specifications and oosis of which shall be inthe sole diseretion ofthe Town Manager") ‘All costs ad charges incurred bythe Town, together with the costs of [INSERT “securing alternative services” or [B] “completing the Work under the “Agreement, including liquidated damages, f any.” or (C] “purchasing and “obiaining the Goods or alternate goods from a diferent sourgs”) sll be deducted from any monies due or which may become due othe Contractor. Tn the event ‘thatthe expense 9 incured bythe Owner, including liquidsed damages, if any, ‘shall be less than the su which would have been payable under the Agreement if ithad been completed by the Contractor, then the Contractor shall be entitle to receive the difference; but in the event that such expense shall exceed the sum ‘which would have been payable under the Agreement, then the Contractor shall be liable for such difference end shall pay tothe Town the amount of such excess. tb, Tenmination for Convenione: The Town may t any time, terminate this ‘Agreement in whole or in part forthe Town's convenience and without cause ‘Termination under this subparagraph shall be by anotieof termination prepared by the Town and delivered to the Contracter indicating intent to terminate for convenience and the effective date thereof. The Contactar shall not be paid on ‘count offs of anticipated profits or revenbe or other economic loss arising out ‘of or resulting from such termination. Uponteeipt of notice of termination for ‘onveniefce, the Corio shal iedinely, in eoordance with nstuctions ‘for the Town, cease operations as specified inte notice, place ao further order ‘alent into fsther subcontracts related this Agreement except asaint eine conte pation df the Work: terial sbracts fan orders the extent they relate fo the Work terminated, proced to complete the performance of tie Werk not terminated, ad tke such actions as maybe necessary ora the Towa may tiect or the protetion and preservation of the {Work! Upon such termination, the Contractor shall ecover sits sole remedy payment of the percentage of the Contract Price equal othe percentage ofthe ‘Work performed satisfactorily and not previously paid fr as determined bythe ‘Tow, Contractor hereby waives and frit ll the ls for payments and damages, including, without limitation, anticipated profits or revenue or other ‘economic les arising out of o resulting from such termination, «. Mutual Termination; This Agreement shal contin ona months basis, ‘ti'Fube 30,2017, The partis may mutually terminate this Agreement in ‘writing. In the event of sch termination, theTown shall pay to the Contactor a prorated portion of payment due pursuant o Section 2, above. 4: (iid Stvibés Uno ReGuesd : Contactor has further agreed to provide services, on a as-neoded basis at the direction of and meeting the approval ofthe Town Manager. Upon such approval the Towa shall pay to the Contractor the amount of Dollars) none lump su. Independent Contractor ‘is understood and agreed by the parties hereto that sid Contractor i an independent ‘oniracior and isnot an employee ofthe Town of Franklin. Nothing in this egreement shal be ‘construed to place the partes liereto in an employer-employee relationship, joi venture, or partnership. As an independent contractor, the Contractor stall perform the Services required ‘without direction fom the Town, Contractor shall workin cooperation with the staff ofthe “Town as may be required to perform the duties and services as are contemplated by this ‘Agreement. tis further undestood and agreed by the parties hereto that sid Contractor shal provide any necessary workers compensation insurance for eny employees end provide the Town ‘vith a copy ofall workers compensation insurance policies. Its also understood and agrocd Derween the partis dat Contractor shall provide healdy insurance, a require by lw. tis further understood and agreed by the parties hereto tht said Contactor shall nat bind the Town for eay expenditure in performing the Services, except es specially provided in this Agreement, and tha the Town shall not become liable for any labor, materials, services oF any other expenses, unless specifically agreed to in writing by the Town Manager. & Everity ‘The Contractor shall comply with the requirements of GS. Chapter 64, Article 2 (the “ ‘Verity Requirements). 2, Uniform Guidance Compliance Ifthe source ofall or part ofthe funding fr this Agreement is federl funds, tho Commented (ANF Laxey apie oye maton (Coereied items J (Geeta piofollowing provisions spplyas listed here an further enumerated in Exhibit B which i attached hereto and mede 8 prt hereof, pursuant t0 2 CER. §200.326 and 2 CER. Part 200, Appendix I (es applicable: ‘Equal Employment Opportunity (41 CER. Part 60); Davis-Bacon Act (40 U.S.C. 31413148), Copeland “AntisKiektuek” Act (40 US.C. 3145); Contract Work Hours and Safety Standards ‘Act 4OUS.C, 3701-3708) Clean Air Act (42 US.C, 7401-7671q) and the Federal Water Polition Contol Act (33 U.S.C, 1251-1387); Debarment and Suspension (Executive Orders 12549 ond 12589), Byrd Aali-Lcbbying Amendment 31 U.S.C. 1352); Prosuremeat of Revovercd Materials (2 CFR. § 200.322); and Record Retention Requirements (2 CFR § 200.324) In akition vo complying withthe shove las und cegulatons, the Contractor agrees to require any subooatctors employed pursuant to his Agreement to comply with the same. & Miseellancous ‘Ente Agreement? This Agrooment constitutes the entire agreement among the Parties. Any prior understandings, whether writen or oral, re null end void and fare specifically disclaimed, This Agreement may only be amended by written ‘nstrumentpropecly executed bythe partis, 'b, Chojoe of Law: Venae: This Aareoment shall be enforced pursuant othe fas of the State of Norh Carofina, The forum and venue for any dispute arising on account thereof shall be the Superior Court in Macon County, North Carolina © NaPresumption: This Agreement shall be deemed to have been drafted by bath parties, and no presumption sll arise against elther party on account ofthe rating hereot «4. Acoesi to Records: The Contractor agrees to make evailableto the Town, is ‘employees, officer, aliomeys or agents, upon roquest and at reasonable times ll records in its possession that are in any way related 0 this Agreement ce Federal Hold Hurless: To the extet that the fining fr this Agreement is derived from federal sources, the pets agre> and acknowledge thatthe federal ‘goverment is hold harmnles from ary loss on account of the performance or ‘nonperformance ofthis Agreement by either party. IN WITNESS WHEREOF, the seid Town has eaused these presents to be executed in its official name with approval of ts governing Board, end Contactor has hereunto set his hand and Seal, thisthe day of_,20_-‘TOWN OF FRANKLIN ‘Summer Woodard, Towa Manager Ate Travis Tallent Town Clemk Pre-audt Statement: This instrument has been pre-tadited in the manner required by the Local Government Budget «and Fiscal Control Act. ya Destes, Finance Officer [CONTRACTOR] By Tile: (csousiepecyTOWN OF FRANKLIN Uniform Guidance Procurement Policy For Use of Federal Funds (C8: 90055227 D0Cx )1. Purpose ‘The purpose of this Policy is to establish guidelines that meet or exceed the procurement fequirements for purchases of goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects when federal funds are being used in whole or in part to pay for the cost of the contract. Il, Policy ‘A. Application of Policy. This policy applies to contracts for purchases, services, and construction or repair work funded with federal financial assistance (direct or reimbursed). The requirements of this Policy also apply to any subrecipient of the funds. All federally funded projects, loans, grants, and sub-grants, whether funded in part or wholly, are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards (Uniform Guidance) codified at 2 C.F.R. Part 200 unless otherwise directed in writing by the federal agency or state pass-through agency that awarded the funds. 8. Compliance with Federal Law. All procurement activities involving the expenditure of federal funds must be conducted in compliance with the Procurement Standards codified in 2CF.R. § 200.317 through § 200-326 unless otherwise directed in writing by the federal agency or state pass-through agency that awarded the funds. Town of Franklin will follow all applicable local, state, and federal procurement requirements when expending federal funds. Should the Town of Franklin have more stringent requirements, the most restrictive requirement shall apply so long as it is consistent with state and federal law. C. Contract Award, All contracts shall be awarded only to the lowest responsive responsible bidder possessing the ability to perform successfully under the terms and conditions of the contract. D. No Evasion. No contract may be divided to bring the cost under bid thresholds or to evade any requirements under this Policy or state and federal law. E. Contract Requirements. All contracts paid for in whole or in part with federal funds shall be in writing. The written contract must include or incorporate by reference the provisions required under 2 C.F.R § 200.326 and as provided for under 2 C.F.R. Part 200, Appendix ll, F. Contractors’ Conflict of Interest. Designers, suppliers, and contractors that assist in the development or drafting of specifications, requirements, statements of work, invitation for bids or requests for proposals shall be excluded from competing for such requirements, £8: 00053227.D00X }2G. Approval and Modification. The administrative procedures contained in this Policy are administrative and may be changed as necessary at the staff level to comply with state and federal law. Ill, General Procurement Standards and Procedures: Either the Purchasing Department or the Requesting Department shall procure all contracts in accordance with the requirements of this Section of the Policy. A. Necessity. Purchases must be necessary to perform the scope of work and must avoid acquisition of unnecessary or duplicative items. The Purchasing Department and/or the Requesting Department should check with the federal surplus property agency prior to 1B new items when feasible and less expensive. Strategic sourcing should be considered with other departments and/or agencies who have similar needs to consolidate procurements and services to obtain better pricing Clear Specifications. All solicitations must incorporate a clear and accurate description of the technical requirements for the materials, products, or services to be procured, and shall include all other requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals. Technical requirements must not contain features that restrict competition. Notice of Federal Funding. Alll bid solicitations must acknowledge the use of federal funding for the contract. in addition, all prospective bidders or offerors must acknowledge that funding is contingent upon compliance with all terms and conditions of the funding award, D. Compliance by Contractors. All solicitations shall inform prospective contractors that they must comply with all applicable federal laws, regulations, executive orders, and terms and conditions of the funding award. E. Fixed Price, Solicitations must state that bidders shall submit bids on a fixed price basis and that the contract shall be awarded on this basis unless otherwise provided for in th Policy. Cost plus percentage of cost contracts are prohibited. Time and materials contracts are prohibited in most circumstances. Time and materials contracts will not be used unless no other form of contract is suitable and the contract includes a “Not to Exceed” amount. A time and materials contract shall not be awarded without express written permission of the federal agency or state pass-through agency that awerded the funds. F. Use of Brand Names. When possible, performance or functional specifications are preferred to allow for more competition leaving the determination of how the reach the required result to the contractor. Brand names may be used only when it is impractical or uneconomical to write a clear and accurate description of the requirement(s). When a € 09953227.D0Cx }34 brand name is listed, it is used as reference only and “or equal” must be included in the description. Lease versus Purchase. Under certain circumstances, it may be necessary to perform an analysis of lease versus purchase alternatives to determine the most economical approach. Dividing Contract for M/WBE Participation. If economically feasible, procurements may be divided into smaller components to allow maximum participation of small and minority businesses and women business enterprises. The procurement cannot be divided to bring the cost under bid thresholds or to evade any requirements under this Policy. Documentation, Documentation must be maintained by the Purchasing Department and/or the Requesting Department detailing the history of all procurements. The documentation should include the procurement method used, contract type, basis for contractor selection, price, sources solicited, public notices, cost analysis, bid documents, addenda, amendments, contractor's responsiveness, notice of award, copies of notices to unsuccessful bidders or offerors, record of protests or disputes, bond documents, notice to proceed, purchase order, and contract. All documentation relating to the award of any contract must be made available to the granting agency upon request. Cost Estimate. For all procurements costing $150,000 or more, the Purchasing Department and/or Requesting Department shall develop an estimate of the cost of the procurement prior to soliciting bids. Cost estimates may be developed by reviewing prior contract costs, online review of similar products or services, or other means by which a good fe cost estimate may be obtained. Cost estimates for construction and repair contracts may be developed by the project designer. Contract Requirements, The Requesting Department must prepare a written contract incorporating the provisions referenced in Section II.C of this Policy. Debarment. No contract shall be awarded to a contractor included on the federally debarred bidder's list. Contractor Oversight. The Requesting Department receiving the federal funding must maintain oversight of the contract to ensure that contractor is performing in accordance with the contract terms, conditions, and specifications. Open Competition. Solicitations shall be prepared in a way to be fair and provide open competition. The procurement process shall not restrict competition by imposing unreasonable requirements on bidders, including but not limited to unnecessary supplier experience, excessive or unnecessary bonding, specifying a brand name without allowing, for “or equal” products, or other unnecessary requirements that have the effect of restricting competition. (eS: 00053227.D00% }4‘©. Geographic Preference. No contract shall be awarded on the basis of a geographic preference. IV, Specific Procurement Procedures Either the Purchasing Department or the Requesting Department shall solicit bids in accordance with the requirements under this Section of the Policy based on the type and cost of the contract, |A. Service Contracts (except for A/E professional services) and Purchase Contracts costing less than $10,000 shall be procured using the Uniform Guidance “micro-purchase” procedure (2.C.F.R. § 200.320(a)) as follows: 1, The contract may be awarded without soliciting pricing or bids ifthe price of the goods or services is considered to be fair and reasonable. 2. To the extent practicable, purchases must be distributed among qualified suppliers. B. Service Contracts (except for A/E professional services) and Purchase Contracts costing $10,000 up to $90,000 shall be procured using the Uniform Guidance “small purchase” procedure (2 C.F.R. § 200.320(b)) as follows: 1. Obtain price or rate quotes from an “adequate number” of qualified sources (2 federal grantor agency might issue guidance interpreting “adequate number,” so the Requesting Department should review the terms and conditions of the grant award documents to confirm whether specific guidance has been issued). 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as required under 2 C.F.R. § 200.321. Cost or price analysis is not required prior to soliciting bids. 4. Award the contract on a fixed-price basis (a not-to-exceed basis is permissible for service contracts where obtaining a fixed price is not feasible). 5, Award the contract to the lowest responsive, responsible bidder. » C. Service Contracts (except for A/E professional services) and Purchase Contracts costing $90,000 _and_above shall be procured using a combination of the most restrictive requirements of the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320(c)) and state formal bidding procedures (G.S. 143-129) as follows: 1. Cost or price analysis is required prior to soliciting bids. 2. Complete specifications or purchase description must be made available to all bidders. 3. The bid must be formally advertised in a newspaper of general circulation for at least seven full days between the date of the advertisement and the date of the public bid opening. Electronic-only advertising must be authorized by the governing board. The advertisement must state the date, time, and location of the public bid opening, indicate where specifications may be obtained, and 4€: 00083227. DOCK }5reserve to the governing board the right to reject any or all bids only for “sound documented reasons.” 4, Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as required under 2 C.F.R. § 200.321. 5. Open bids at the public bid opening on the date, time, and at the location noticed in the public advertisement. All bids must be submitted sealed. A minimum of 2 bids must be received in order to open all bids. 6. Award the contract to the lowest responsive, responsible bidder on a fixed-price basis. Governing board approval is required for purchase contracts unless the governing board has delegated award authority to an individual official or employee. Any and all bids may be rejected only for “sound documented reasons.” D. Service Contracts (except for A/E professional services) costing $250,000 and above may be procured using the Uniform Guidance “competitive proposal” procedure (2 C.F.R. § 200.320(d)) when the “sealed bid” procedure is not appropriate for the particular type of service being sought. The procedures are as follows: 1. ARequest for Proposals (RFP) must be publicly advertised. Formal advertisement in a newspaper is not required so long as the method of advertisement will solicit, proposals from an “adequate number" of qualified firms. 2, Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as provided under 2 C.F.R. § 200.321. 3. Identify evaluation criteria and relative importance of each criteria {criteria weight) in the REP. 4. Consider all responses to the publicized RFP to the maximum extent practical. 5, Musthave a written method for conducting technical evaluations of proposals and selecting the winning firm. 6. Award the contract to the responsible firm with most advantageous proposal taking into account price and other factors identified in the RFP. Governing board approval is not required. 7. Award the contract on a fixed-price or cost-reimbursement basis. £. Construction and repair contracts costing less than $10,000 shall be procured using the Uniform Guidance “micro-purchase” procedure (2 C.F.R. § 200.320(a}) as follows: 1. The contract may be awarded without soliciting pricing or bids if the price of the goods or services is considered to be fair and reasonable. 2. To the extent practicable, contracts must be distributed among qualified suppliers. F. Construction and repair contracts costing $10,000 up to $250,000 shall be procured using the Uniform Guidance “small purchase” procedure (2 C.F.R. § 200.320(b)) as follows: 1. Obtain price or rate quotes from an “adequate number” of qualified sources (a federal grantor agency might issue guidance interpreting “adequate number,” so (€:00083227.D0Cx }6the requesting department should review the terms and conditions of the grant award documents to confirm whether specific guidance has been issued). ‘Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as required under 2 C.F.R. § 200.321. Cost or price analysis is not required prior to soliciting bids, although price estimates may be provided by the project designer. Award the contract on a fixed-price or not-to-exceed basis. ‘Award the contract to the lowest responsive, responsible bidder. Governing board approval is not required, G. Construction and repair contracts costing $250,000 up to $500,000 shall be procured using the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320(¢)) as follows: 1 2 3. Cost or price analysis is required prior to soliciting bids (this cost estimate may be provided by the project designer). Complete specifications must be made available to all bidders. Publically advertise the bid solicitation for a period of time sufficient to give bidders notice of opportunity to submit bids (formal advertisement in a newspaper is not required so long as other means of advertising will provide sufficient notice of the opportunity to bid). The advertisement must state the date, time, and location of the public bid opening, and indicate where specifications may be obtained. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as provided under 2 C.F.R. § 200.321, Open the bids at the public bid opening on the date, time, and at the location noticed in the public advertisement. All bids must be submitted sealed. A minimum of 2 bids must be received in order to open all bids. A'5% bid bond is required of all bidders. Performance and payment bonds of 100% of the contract price is required of the winning bidder. Award the contract on a firm fixed-price basis, Award the contract to the lowest responsive, responsible bidder. Governing board approval is not required. Any and all bids may be rejected only for “sound documented reasons.” H. Construction and repair contracts costing $500,000 and above shall be procured using a combination of the most restrictive requirements of the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320{c)) and state formal bidding procedures (G.S. 143-129) as follows: 1, 2 3 Cost or price analysis is required prior to soliciting bids (this cost estimate should be provided by the project designer). Complete specifications must be made available to all bidders. Formally advertise the bid in a newspaper of general circulation for at least seven full days between the date of the advertisement and the date of the public bid opening, Electronic-only advertising must be authorized by the governing board The advertisement must state the date, time, and location of the public bid ‘opening, indicate where specifications may be obtained, and reserve to the (CS: 00083227.D0Cx 7governing board the right to reject any or all bids only for “sound documented reasons.” 4, Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as provided under 2 C.F.R. § 200.321. 5. Open the bids at the public bid opening on the date, time, and at the location noticed in the public advertisement. All bids must be submitted sealed and in paper form. A minimum of 3 bids must be received in order to open all bids. 6. A'5% bid bond is required of all bidders (a bid that does not include a bid bond cannot be counted toward the 3-bid minimum requirement). Performance and payment bonds of 100% of the contract price is required of the winning bidder. Avard the contract on a firm fixed-price basis. 8. Award the contract to the lowest responsive, responsible bidder. Governing board approval is required and cannot be delegated. The governing board may reject and all bids only for “sound documented reasons.” “ |. Construction or repair contracts involving a building costing $300,000 and above must comply with the following additional requirements under state faw: 1. Formal HUB (historically underutilized business) participation required under G.S. 143-128.2, including local government outreach efforts and bidder good faith efforts, shall apply. 2, Separate specifications shall be drawn for the HVAC, electrical, plumbing, and general construction work as required under G.S, 143-128(a). 3. The project shall be bid using a statutorily authorized bidding method (separate- prime, single-prime, or dual bidding) as required under G.S. 143-129(a1). J. Contracts for Architectural and Engineering Services costing under $250,000 shall be procured using the state “Mini-Brooks Act” requirements (G.S. 143-64.31) as follows: 1. Issue a Request for Qualifications (RFQ) to solicit qualifications from qual firms (formal advertisement in 2 newspaper is not required). Price (other than nit cost) shall not be solicited in the RFQ. 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as provided for under 2.C.R. § 200.321. 3. Evaluate the qualifications of respondents based on the evaluation criteria developed by the Purchasing Department and/or Requesting Department. 4. Rank respondents based on qualifications and select the best qualified firm. Price cannot be a factor in the evaluation. Preference may be given to in-state (but not local) firms. Negotiate fair and reasonable compensation with the best qualified firm. If negotiations are not successfully, repeat negotiations with the second-best qualified firm, 6. Award the contract to best qualified firm with whom fair and reasonable compensation has been successfully negotiated. Governing board approval is not required. (© 00083227.D0CX }8K. Contracts for Architectural and Engineering Services costing $250,000 or more shall be procured using the Uniform Guidance “competitive proposal” procedure (2 CFR. § 200.320(d)(5)) as follows: 1. Publically advertise a Request for Qualifications (RFQ) to solicit qualifications from qualified firms (formal advertisement in a newspaper is not required). Price (other than unit cost) shall not be solicited in the RFQ. 2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers as provided under 2 C.F.R. § 200.321. 3. Identify the evaluation criteria and relative importance ‘of each criteria (the criteria weight) in the RFQ. 4, Proposals must be solicited from an “adequate number of qualified sources” (an individual federal grantor agency may issue guidance interpreting “adequate number’). 5, Must have a written method for conducting technical evaluations of proposals and selecting the best qualified firm. 6. Consider all responses to the publicized RFQ to the maximum extent practical. 7. Evaluate qualifications of respondents to rank respondents and select the most qualified firm, Preference may be given to in-state (but not local) firms provided that granting the preference leaves an appropriate number of qualified firms to compete for the contract given the nature and size of the project. Price cannot be a factor in the initial selection of the most qualified firm. 9. Once the most qualified firm is selected, negotiate fair and reasonable compensation. If negotiations are not successfully, repeat negotiations with the second-best qualified firm. 10. Award the contract to best qualified firm with whom fair and reasonable compensation has been successfully negotiated. Governing board approval is not required. ~ V. Exceptions Non-competitive contracts are allowed only under the following conditions and with the written approval of the federal agency or state pass-through agency that awarded the federal funds: A. Sole Source. A contract may be awarded without competitive bidding when the item is available from only one source, The Purchasing Department and/or Requesting Department shall document the justification for and lack of available competition for the item. A sole source contract must be approved by the governing board. B. Public Exigency. A contract may be awarded without competitive bidding when there is a public exigency. A public exigency exists when there is an imminent or actual threat to public health, safety, and welfare, and the need for the item will not permit the delay resulting from a competitive bidding. (Cs: o00ss227.p0Cx }9¢. Inadequate Competition. A contract may be awarded without competitive bidding when competition is determined to be inadequate after attempts to solicit bids from a number of sources as required under this Policy does not result in a qualified winning bidder. D. Federal Contract. A contract may be awarded without competitive bidding when the purchase is made from a federal contract available on the U.S. General Services Administration schedules of contracts, E, Awarding Agency Approval. A contract may be awarded with the express written authorization of the federal agency or state pass-through agency that awarded the federal funds so long as awarding the contract without competition is consistent with state law. (€S:00053227D0Cx }10TOWN OF FRANKLIN Uniform Guidance Conflicts of Interest and Gift Policy (€ 00058156 D0CX }1. Purpose The purpose of this policy is to establish conflicts of interest guidelines that meet oF exceed-the requirements under state law and local policy when procuring goods {apparatus, supplies, materials, and equipment), services, and construction or repair projects paid for by state and/or local funds, and to exceed those requirements when procurements are paid for in part or whole by federal funds and required under 2 C.FR. § 200.318(c)(1). 1, BolieyApplicability This policy applies pursuant to state law to all expenditures of public funds, regardless of the source of the funds, when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects; addit ional restrictions apply to exoenditures funded in part or whole with federal financial assistance (direct or reimbursed). This policy also applies to any subrecipient of the federal funds. The employee responsible for managing the federal financial assistance award shall review the notice of award to identify any additional conflicts of interest prohibitions or requirements associated with the award, and shall notify all employees, officers, and agents, including subrecipients, of the requirements of this policy and any additional prohibitions or requirements. A. Conflicts of Interest. Pursuant to GS. 14-234, officers and employees of the Town of Franklin who are involved in the procurement of goods, services, of construction are prohibited from obtaining any direct benefit for either the officer/employee personally, or for the officer/employee’s spouse. Any officer or employee who maj have such a conflict of interest should seek guidance from Town administration prior to expending or agreeing to expend any public funds. in addition to the prohibition against self-benefiting from a public contract under G.S. 14-234, no officer, employee, or agent of the Town of Franklin may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. A real or apparent conflict exists when any of the following parties has a financial or other interest in or receives a tangible personal benefit from a firm considered for award of a contract: 1. the employee, officer, or agent involved in the selection, award, or administration of a contract; 2. any member of his or her immediate family; 3. his or her partner; or 4. an organization which employs or is about to employ any of these parties. ‘Any officer, employee, or agent with an actual, apparent, or potential conflict of interest as defined in this policy shall report the conflict to his or her immediate {Gs to0s218600cx Uniform Guidance Conflicts of Interest and Gift Policy Page2supervisor. Any such conflict shall be disclosed in writing to the federal award agency or pass-through entity in accordance with applicable Federal awarding agency policy. B. Gifts. In addition to the prohibition against accepting gifts and favors from vendors and contractors under G.S. 133-32, officers, employees, and agents of the Town of Franklin are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to subcontracts. Items of nominal value which fall into one of the following categories may be accepted: 1. promotional items; 2. honorariums for participation in meetings; or 3. meals furnished at banquets. ‘Any officer, employee or agent who knowingly accepts an item of nominal value allowed under this policy shall report the item to his or her immediate supervisor. Violation Employees violating this policy will be subject to discipline up to and including termination. Contractors violating this policy will result in termination of the contract and may not be eligible for future contract awards. (jr 00052456000x Uniform Guidance Conflicts of interest and Gift Policy Poge 3Exhibit B: Uniform Guidance Required Contract Provisions Attached to and made a part of that Agreement dated the __ day of, 20__, by and between the Town of Franklin and the Contractor, Comment: This document provides contract provisions required under the Uniform Guidance, 2 CFR. Part 200, Appendix I. The text of Appendix I is reprinted below. Local governments should review their notice of award and confirm with their federal awarding agency regarding these provisions and any additional contract provisions required by the awarding agency. Local governments should consult with their attorneys in developing contract provisions. Appendix Il to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards https://www.ecfr.gov/cgi-bin/text- idx?S1D=04e61f4e0a8317140a9ec1 50bb2ac195 &mc=true&node=pt2.1.2008rgn=divSi#ap2.1.20 0 1521. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (8) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C} Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided 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.” {D} Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (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”). In accordance with the statute, contractors must be required to pay wages to (csiovosz22600cx)2 C.F.R. Part 200, Appendix ti, Contract Provisions. Page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, contractors must be required to pay ‘wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination 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 non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for 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”). The Act provides that each contractor or subrecipient must be 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 non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (€) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the ‘employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to 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. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must 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. (F} 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 re 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. (G) Clean Air Act (42 U.S.C. 7401-76719.) 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). {cs:000s322600cx}2 C.F.R. Part 200, Appendix Il, Contract Provisions Page 2(H) 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 governmentwide exclusions in the ‘System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 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 contains 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. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above ‘that it 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 @ member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352, Each tler must also disclose any lobbying with non-Federal funds that takes place connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See §200.322 Procurement of recovered materials. §200.322 Procurement of recovered materials. ‘A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors 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 affirm: procurement program for procurement of recovered materials identified in the EPA guidelines, [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] {¢5:00053226.000x)2 C.F.R, Part 200, Appendix Il, Contract Provisions Page 3Town of Franklin Purchasing Policy and Procedure Manual Effective April 1, 2018 This policy supersedes any previous Purchasing Policies (es-00058228000x)‘Town of Franklin Purchasing Policy and Procedure Manual Introduction This purchasing policy and procedures manual is intended for use as a guide for the Town of Franklin's purchasing methods and practices. When used property, these policies and procedures established herein will enable the Town to obtain the required supplies, materials, equipment and services efficiently and economically. ‘The understanding and cooperation of all employees is essential if the Town is to obtain the maximum value for each dollar spent. While this manual does not answer all questions related to purchasing, it does provide the foundation for a sound purchasing system The basic goals of the Town's purchasing program are: 4) To comply with the legal and ethical requirements of public purchasing and procurement. 2) To assure vendors that impartial and equal treatment is afforded to all that wish to conduct business with the Town of Franklin. 3) To receive maximum value for each dollar spent by awarding purchase orders to the lowest responsible, responsive bidder, taking into consideration quality, performance, suppott, delivery schedule, past performance and other relevant factors. 4) To provide Town departments with the required goods, equipment, and services at the time and place needed and in the proper quantity and quality 5) To promote positive and healthy business relationships through effective communications, fair purchasing procedures and adherence to ethical standards. 6) To maximize the standardization of products used within and among departments in order to minimize stock levels and obtain better pricing. Ifthe procedures and guidelines established in this manual are followed, each department can efficiently manage, control and plan available resources to meet present and future departmental needs and help the Town minimize expenses while meeting set goals. Should you have any questions about this manual or the procedures, contact the Finance Department or Town Manager. Purpose The purchasing process is designed to provide a proper system of internal control over purchasing, to ensure that the proper authorizations are obtained before items are purchased, and to ensure that statutory requirements for purchasing are followed. A number of forms are generated as part of the purchasing process to document the validity of the purchases. Local Buying Itis the desire of the Town to purchase from vendors located within Franklin and Macon County whenever possible. This can be accomplished by ensuring that local vendors who (cs:00053228.000x)2‘Town of Franklin Purchasing Policy and Procedure Manual have goods or services available that are needed by the Town are included in the ‘competitive purchasing process, The Town has a responsibilty to its citizens and local businesses; however, the Town must ensure maximum value is obtained for each public dollar spent. By NC General Statute the Town is not permitted to make purchasing decisions based solely on the basis of location of the vendor. However, the Town will make every effort to encourage qualified local vendors and suppliers to compete for Town business. Vendors will be selected on a competitive basis. The Town of Franklin will not use vendors who have been debarred by Federal, State, or Local governments. Planning Planning for purchases should be done on both short-term and long-term basis. This will minimize small orders and last-minute purchases. Proper planning will increase the capability of each department to purchase its goods and services in larger quantities to obtain the maximum discount possible. Planning will also reduce the number of trips required to obtain materials and minimize clerical or supervisory time costs associated with the procurement and purchasing process. Buying Proper Quality Quality and service are as important as price. It is the duty of the requesting department to secure the best, most economical quaiity that will meet, but not exceed, the requirements for which the goods or services are intended. In some instances, the lowest price will not necessarily mean the lowest cost. A higher price, higher quality product may save the Town from excess expenses in the future. It is the requesting Department Heads responsibility to take this into consideration and determine what purchase is best for the citizens of the Town. Authorization Department Heads have been delegated the authority to approve purchases costing under $500.00. Department Heads shall authorize purchases falling under this threshold only after the verification that sufficient undesignated funds are available within their departmental budget in the current fiscal year for such a purchase. The Department Head or their designee must authorize each invoice with signature and date evidencing the purchase before forwarding to Finance/Accounts Payable for payment. The authorization signature verifies that the goods or services have been received, the budgeted funds are available, and the invoice has been coded to the proper account number. Conflict of Interest Pursuant to N.C.G.S. 14-234, no elected official or employee who is involved in making or administering a contract on behalf of the town may derive a direct benefit from the contract, except as provided in NC G.S. 14-234(b), or as otherwise allowed by law. An elected official or employee who will derive a direct benefit from a contract with the town, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. To preclude any appearance of impropriety, each individual shall disclose any personal interest he/she may have in regards to contracts. No elected official or employee may solicit or receive any gift, reward, or promise of reward in exchange for recommending, influencing, or attempting to influence the award of a contract by the Town. cs: 00053228.0000)3‘Town of Franklin Purchasing Policy and Procedure Manual Gifts and Gratuities Town employees are prohibited from soliciting or accepting any rebate, money, costly entertainment, gift, or gratuity (with the exception of mementos and novelties of nominal value) from any person, company, firm or corporation to which any purchase order or contract is, or may be awarded. The Town will not tolerate circumstances that produce, or reasonably appear to produce, conflicts between the personal interests of an employee and the interests of the Town, Accordingly, the Town may terminate, at no charge to the Town, any purchase order contractifit is found that substantial gifts or gratuities were offered to a Town employee. The Town may also take disciplinary action, including dismissal, against a Town employee who solicits or accepts gifts or gratuities of any value. Town Contracts Listed below are some key points regarding the processing of Town contracts: a) All contracts containing extensive legal language must be reviewed and approved by the Town attorney. Depending on the nature of the contract, the vendor may be required to supply the Town with all necessary insurance information and contract should contain all payment options. b) All contracts must be signed by Town Manager. ©) Allcontracts must have a pre-audit statement from the Finance Director before release to vendors 4) Completed and signed contracts must be supplied to the vendor and also filed in the Office of the Town Clerk e) Copies of executed contracts should be forwarded to Finance. The Town will attempt to structure contracts to coincide with the fiscal year July1 — June 30. Contracts authorized by Town Council through direct award or budget authorization may be executed by the Town Manager. Subsequent orders changing the original contract, which do not exceed the approved cost of the contract, will be executed by the Town Manager. Town Council must approve all contracts that meet any of the following criteria: 1. Contracts subject to statutory bid thresholds 2. Contracts with terms greater than one year 3. Contracts exceeding budgetary approval, which require a budget amendment Contracts suggesting a significant policy change as determined by the Town Manager Tax Exemption The Town of Franklin is exempt from all federal excise taxes. However, the Town is not exempt from sales tax and all invoices should include such. Sales tax is not considered a cost factor since we file for a refund as provided for by the NC General Statues. (cseonossz2a.p00%}4