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HomeMy WebLinkAboutAttachments 08-11-2020north Carolina EW- CNN City Of dllllll POST OFFICE BOX 1065 < DUNN, NORTH CAROLINA 28335 (910) 230-3500 < FAX (910) 230-3590 wwwAunn-ne.org Attachment #1 08/11/2020 Mayor William P. Elmore Jr. Mayor Pro Tem Chuck Turnage Council Members J. Wesley Sills April Gaulden Prank McLean Billy Tart Dr. David L. Bradham City Manager Steven Neuschafer PUBLIC NOTICE related to Regular Council Meeting The public is hereby notified that the City Council of the City of Dunn will hold their regular meeting on Tuesday, August 11, 2020 at 7:00 p.m. in the Council Chambers of the Dunn Municipal Building, 401 E. Broad Street, Dunn, NC. Some members of the Council may participate electronically. SPECIAL NOTICE REGARDING MEETING ACCESS DUE TO STATE OF EMERGENCY In an effort to reduce the spread of Covid-19, in -person access to the Council meeting is limited to a total of25 people (less than 14% of occupancy) to include Council and needed staff. Face Coverings are required by all members of the public entering the Municipal Building. The Council Meeting will be available for live public viewing on Facebook - The City of Dunn, NC page. Audio will be available while waiting outside Council Chambers, if maximum occupancy is reached. Public Comment Period - Comments can be called in or emailed in to the Clerk by Monday, August 10, 2020, 1:00 p.m. to be read at the meeting. The person must abide by all rules related to the Public Comment Period, provide name and address and abide by the 3-minute time limit. The person may also call into the meeting to give their comments but they must call the City Clerk to sign up and receive instructions by the above stated time. Public Hearing - Comments can be called in or emailed to the Clerk by Monday, August 10, 2020, 1:00 p.m. and they will be read at the meeting during the Public Hearing. The call and email should include name, address of the person filing the comments and the Public Hearing that the comments are in reference to. The person may also call into the meeting to give their comments but they must call the City Cleric to sign up and receive instructions by the above stated time. Tammy Williams City Cleric 910-230-3501 twilliams@dunn-nc.org DUNN AII•Am®rice Citi 1 1 Where cmmt!f�r ma,tfers a J989 tt x�3 CLARKA. WHITE CHIEF OF POLICE POST OFFICE Sox 1065 DUNN, NORTH CAROLINA 28335 (910) 230-3533 (OFFICE) (910) 2303592 (FAX) Attachment #2 08111/2020 MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF DUNN, A MUNICIPAL CORPORATION AND THE DUNN HOUSING AUTHORITY, PUBLIC HOUSING AGENCY AS TO THE RELATIVE POSITIONS OF THE CITY AND THE DUNN HOUSING AUTHORITY FOR A POLICE OFFICER TO BE ASSIGNED TO THE DUNN HOUSING AUTHORITY 1. It is agreed that the Police Officer shall be employed by the City of Dunn's Police Department, under the direct control of the Police Department and his/her duties and working hours will be assigned and monitored by the Police Department. As an employee of the City of Dunn Police Department he/she shall be covered by the City's various insurance policies for accidents, wrongful acts, failure to act, etc. 2. It is further agreed that the services of the Police Officer shall be such that he/she will be primarily assigned to the Dunn Housing Authority to patrol the Authorities properties and to work with the Authority's residents in various resident services programs as further set forth in the MOU. However, the Police Officer will work at the direction of the Police Department and is and shall be available to the Police Department to perform other duties separate and apart from the Dunn Housing Authority properties as needed and determined by the Police Department. 3. The compensation of the Police officer will be paid by the City of Dunn. The Dunn Housing Authority agrees to reimburse the City of Dunn in the amount of $1500.00 per month for this expenditure upon receipt of a monthly invoice from the City of Dunn. The City of Dunn will provide transportation or the Police Officer. Reimbursement will be made to the City for any travel expenses incurred for training and other related duties of the Police Officer, provided Dunn Housing Authority approves the training and travel in advance of arrangements being made. 4. It is further agreed that funding for the reimbursement of the Police Officer's salary is received by the Dunn Housing Authority through the US Department of Housing and Urban Development (HUD). In the event that funding is not sufficient to continue to reimburse the City of Dunn for the officer, Dunn Housing Authority shall notify the City of Dunn as soon as possible. Following the notification of decreased or insufficient funding to continue reimbursement for the Police Officer, the City of Dunn shall determine the future of the officer with the Dunn Police Department or otherwise. 5. It is further agreed that the hours worked by the Police Officer will be varied so as not have a set pattern of patrol in order to make the Police Officer more effective in his/her duties. However, it is agreed that the Police Officer will work no less than twenty-five (25) hours per week at the properties of Dunn Housing Authority during the term of this MOU. 6. It is further agreed that the Police Officer will be subject to the Personnel Policy of the City of Dunn and shall meet all training and other requirements set by the City of Dunn for all police officers. The Police Officer will be thoroughly familiarized with the same by the Chief of Police of the Dunn Police Department, 7. Nothing in this MOU shall be deemed to create and employer -employee relationship between the Dunn Housing Authority and the City of Dunn, nor a partnership or joint venture. The Dunn Housing Authority shall be responsible for the actions of its employees and agents and the Dunn Police Department shall be responsible for the actions of its employees and agents including the Police Officer. The Police Officer will report and receive direction from his/her supervising officer. This MOU is signed by the Executive Director of the Dunn Housing Authority, the City Manager for the City of Dunn and the Police Chief for the City of Dunn to express the understandings of the parties with respect to the subject of the matter of this MOU. / This agreement shall be effective - _ll This the 1 D !ay of 2020. Du Housin Authorrt - -- ------ Executive Director 4Chio�ONice Destruction of Records- Finance Department Submitted for the August 8, 2020 City Council Meeting Attachment #3 08,11,2020 REQUEST FOR DISPOSAL OF RECORDS Description of Record Retention Period Inclusive Dates Accounts Payable Check Stubs & 3 Years July, 2016 —June, 2017 Invoices Accounts Payable Proof Reports 3 Years July, 2016—June, 2017 Accounts Payable General 3 Years July, 2016—June, 2017 Ledger Reports Check Registers 3 Years July, 2016—June, 2017 Vendor Statements 3 Years July, 2016—June, 2017 Averasboro-Accounts Payable 3 Years July, 2016 —June, 2017 Check Stubs & Invoices Averasboro-Accounts Payable 3 Years July, 2016—June, 2017 Proof Reports Averasboro-Accounts Payable 3 Years July, 2016—June, 2017 General Ledger Reports Averasboro-Check Registers 3 Years July, 2016 —June, 2017 Purchase Orders -Yellow Copies 3 Years July, 2016 - June, 2017 Purchase Order Reports 3 Years July, 2016—June, 2017 Submitted By: Brittany BarefootnaA; Printed Name/Signature Department: Finance Destruction of Records- Finance Department Submitted for the August 8, 2020 City Council Meeting REQUEST FOR DISPOSAL OF RECORDS Description of Record Retention Period Inclusive Dates General Fund Receipt Books 3 Years July, 2016—June, 2017 Payroll Direct Deposit Stubs 3 Years July, 2016—June, 2017 Payroll Invoices 3 Years July, 2016—June, 2017 Payroll Reports 3 Years July, 2016—June, 2017 Tax Reports 10 Years July, 2008-June, 2009 Submitted By: Brittany Barefoot _ EGt ' Printed Name/Signature Department: Finance 02020-17 IAttach #4) 08/11/2020 OA-05-20 • lzmi mmm • • m • . • � � � � read rree . . . r.a. MMLII • _ _ - Me eirs M Or-w—MILS MEMS IMM Adopted this 11" day of'August, 2020. 2�!.•'' Li1, William P. Elmore, Jr GpRPORgT�'. yor Attest: _ SEAL 9rN CAPS 1p Ar Tammy Willia;s City Clerk city of dunn POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 (910) 230-3500 • FAX (910) 230-3590 wvvw.dunn-nc.org 02020-18 (Attach #6) 08111/2020 Mayor William P. Elmore Jr. Mayor Pro Tem Chuck Tumage Council Members J. Wesley Sills April L. Gaulden Frank McLean Billy N. Tart Dr. David L. Bradham City Manager Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on May 19111, 2020, the Chief Building Inspector for the City of Dunn sent a notice to Casper Tart, Jr., the owner(s) of record of the structure located at 1501 Ewrin Rd, noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and were thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on May 29th 2020 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on May 29th, 2020 a hearing was conducted via telephone by the Chief Building Inspector Steven King, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within thirty (30) days of the date of such Order, being June 3rd, 2020; and DUNN AII•AlaerlcaCilq atrhIlere xmm !! matters 1989 * 2013 WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute § 160A-430 and such Order is therefore a final Order; and WHEREAS, on July 31", 2020 and August 4`s, 2020, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on August l hh, 2020 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute § 160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute § 160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on June 3`d, 2020 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structures at the following address: 1501 Erwin Rd. Dunn, NC 28334 PIN #: 1506-79-4334.000 PARCEL ID #: 0215060186 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 3`d day of June, 2020 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute § 160A-432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section 5. This ordinance shall become effective upon its adoption. Adopted this 1 It' day of August, 2020. rlliam P. Elmore Jr., ayor -;ti•. SEAL Attest: p •.• CAPP \ 6 1 �oNaa of td�� City City of Dunn Utility Payment Plan Terms EO 124 and EO 142 A 811/1020 This plan covers February, March, April, May and June, 2020 billings for City of Dunn utility service. The payment plan period commences August 1, 2020 and concludes February 26, 2021. Customers do not have to establish a payment plan by signing a document. If the account has an outstanding balance for the months included in EO 124 and/or EO 142, the payments will automatically be calculated by dividing the affected balance over a six month period of time. The first month's payment will be due in September, 2020 and the last payment will be due in February, 2021. The payment plan will be equal increments of the past due balance for February, 2020—June, 2020 billings. Payment plans will be due by the 20th of the month (if the 201h falls on a weekend, payment is due the next business day) and considered delinquent if not paid by the last day to pay to avoid disconnection in the current month's billing. Customers may make payments in the following manner: 1. Pay in person. Cash, check, money order, debit or credit is accepted at the Dunn Municipal Building, located at 401 East Broad Street, Dunn, NC 28334 2. Pay by night depository. This box is located on the right side the Municipal building at 401 East Broad Street, Dunn, NC 28334 3. Pay by mail. All payments should be mailed to City of Dunn Finance Department, Post Office Box 1107, Dunn, NC 28335 4. Pay by phone. Call Off icialPayments at 1-800-272-9829, Jurisdiction Code 4319, Customer Acct #, followed by # 5. Pay online. Login to www.OfficialPayments. com, Jurisdiction Code 4319, Customer Account # All City of Dunn utility customers must remain current on the July, 2020 billing forward to avoid disconnection of service. If default occurs from the payment plan, utility service will be disconnected. The current month's bill, the payment plan amount and a $35.00 administrative fee will be due in full to restore service. Partial payments may be made towards the payment plan but the full balance of the payment plan must be paid by the due date monthly to avoid disconnection of service with a $35.00 administrative fee. It is the customer's responsibility to ensure he or she is making timely payments of the Payment Plan. The entire past due balance will appear on the current months bill and the customer will be responsible for payment of the payment plan along with the current months bill. Approved by City Council DATE: t = I G CQC) -I Attachment #7 08/1112020 HARNETT COUNTY, NORTH CAROLINA REIMBURSEMENT AGREEMENT FOR CORONAVIRUS RELIEF FUND THIS REIMBURSEMENT AGREEMENT (hereinafter "Agreement"), made and entered into this day of 2020, by and between the County of Harnett, a body politic and corporate organized and existing under the laws of the state of North Carolina (hereinafter referred to as "County") and the City of Dunn, a North Carolina municipal corporation, organized and existing under the laws of the state of North Carolina (hereinafter referred to as "Municipality"); WITNESSTH WHEREAS, North Carolina counties are receiving funding for local governments as part of the Coronavirus Relief Fund (CRF) established under the federal CARES Act. The CRF allocation for the County totals $5,101,389.00; and WHEREAS, pursuant to North Carolina Session Law 2020-80, twenty-five percent (25%) of the County's CRF funds shall be allocated to municipalities within Harnett County and that the total amount and method of allocating the funds shall be determined solely by the County; and WHERES, the allocation methodology chosen uses a pro rata calculation based on the Municipality's percentage of the County's total municipal population based on the 2019 population estimates certified to the Secretary of Revenue by the State Demographer with the Office of State Budget and Management; and WHEREAS, the County and Municipality mutually desire to establish the means and method for the allocation of Municipality's portion of these funds through a reimbursement agreement. NOW THEREFORE, in consideration of the promises and further consideration of the mutual agreements contained herein, as well as the financial consideration, the parties hereto agree as follows: 1. The Recitals set forth above, along with the definitions of certain terms are incorporated herein by reference as if fully restated. 2. Amount of Funds. The County shall provide Municipality a portion of its CRF allocation not to exceed the amount of $484,668.00, based on the Municipality's percentage of the County's total municipal population of the twenty-five percent (25%) of the CRF funds set aside for local municipalities. Actual funding amount will be allocated in accordance with planned expenditures described in the Coronavirus Relief Fund Plan, outlined in Section 3. 3. Coronavirus Relief Fund Plan. Municipality shall submit a Coronavirus Relief Fund Plan (CRF Plan), which is incorporated herein by reference, to the County which details how Municipality will spend its allocation of the CRF funds. The CRF Plan shall be submitted to the Page 1 of 6 County no later than August 21, 2020. If the proposed use of the funds in the CRF Plan is not approved by the County or, the State, Municipality shall submit an amended CRF Plan for approval. 4. Certification. Any CRF funds to be disbursed to Municipality will only be made as a reimbursement. Prior to any such disbursement, the Municipality shall make a report that is compliant with the requirements of the North Carolina Office of State Budget and Management (OSBM) and certify to the County that the funds being reimbursed: • Were necessary expenditures incurred due to the public health emergency with respect to Coronavirus Disease 2019 (COVID-19) and were not accounted for in the budget most recently approved by Municipality as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; • Were incurred during the period that began on March 1, 2020 and ends on December 30, 2020 in accordance with the budget proposal submitted to County by Municipality; • Were spent in a manner consistent with terms for the CRF set forth by the North Carolina Pandemic Recovery Office and in accordance with all applicable State and federal laws; and • Were spent in accordance with the Municipality's CRF Plan. County reserves the right to reasonably request additional documentation to demonstrate compliance with the CARES Act and North Carolina Session Law 2020-4, the "COVID-19 Recovery Act" and 2020-80, the "2020 Coronavirus Relief Fund/Additions & Revisions." It is the intent of Municipality to use the allocated CARES Act funds to pay salaries and benefits for the City of Dunn Police Department. According to the NC Pandemic Recovery Office (NCPRO), "CRF money can be used for payroll expenses for all public health and public safety employees, such as Health Department managers, EMS, law enforcement, etc ... Per US Treasury guidance, these are eligible expenses even though the previously approved budget includes funds for these employees to perform their regular duties because they are working on COVID-19 mitigation or response." However, this intent does not preclude the Municipality from expending funds in accordance with Municipality's approved CRF Plan. 5. Reimbursement Process. Municipality will only be reimbursed for qualified expenses that were identified and approved in Municipality's CRF Plan. Municipality shall provide the monthly report described in Section 4 above to County no later than the 10" day of the month for the previous month's expenditures. Municipality's first report and certification requesting reimbursement shall be due on the tenth day of the month immediately following approval of Municipality's CRF Plan. Following receipt of the report and certification requesting reimbursement of the Municipality the County shall review for compliance. County will notify Municipality of its approval or denial not later than the 19th day of the month. Approved reports will be uploaded to OSBM's portal in accordance with the State's reporting requirements. Reimbursement payments will be processed and disbursed Net 30 days after receipt of a correct report. A denial will include a reasonable description of the reason for denial and offer an Page 2 of 6 opportunity to clue any deficiencies. If Municipality fails to provide a timely monthly report to County, reimbursement may be delayed or denied. Any portion of the maximum amount of CRF funds listed as available for reimbursement uses by the Municipality that are not properly and timely requested for disbursement by the Municipality shall be revert back to the County. 6. Submission of Plan and Reports. All Plans and Reports shall be submitted to Brian Haney, Assistant County Manager, County of Harnett, via email at bhaney@harnett.org and shall be submitted in accordance with the timelines and manner outlined in this Agreement. Municipality shall also be required to submit a final report to County that is compliant with the requirements of OSBM upon the exhaustion of Municipality's CRF funds or no later than 10 days prior to the submission date required by the State. County will review the final report for compliance and will upload the approved final report to OSBM's portal in accordance with the State's reporting requirements. 7. Repayment of Appropriated Funds. Any funds appropriated by the County and distributed to the Municipality that are found to have been utilized by Municipality for uses in violation of CRF shall be repaid by Municipality to the County within 30-days upon notice by the County in the event that the State or Federal government seeks repayment of funds from the County for a portion of the Municipality's allocation. 8. Access to Persons and Records. The County, the State Auditor, appropriate federal officials, and their respective authorized employees or agents are authorized to examine all books, records, and accounts of the Municipality insofar as they relate to transactions and expenditures that are subject for reimbursement under CRF. The Municipality shall retain any such books, records, and accounts for a minimum of three (3) years after the completion of this Agreement and are to be made available for examination upon request. Additional audit or reporting requirements may be required by the County, if in the County's opinion, such requirement is imposed by federal or state law or regulation. MISCELLANEOUS 9. Notice. Any notice, consent, or other communication in connection with this Agreement shall be in writing and may be delivered in person, by mail, or by facsimile transmission (provided sender confirms notice by written copy). If hand -delivered, the notice shall be effective upon delivery. If by facsimile copy, the notice shall be effective when sent. If served by mail, the notice shall be effective three business days after being deposited in the United States Postal Service by certified mail, return receipt requested, addressed appropriately to the address set forth below: To County Paula Stewart County Manager Post Office Box 759 Lillington, North Carolina 27546 Page 3 of 6 With copy to: Christopher W. Appel Senior County Staff Attorney Post Office Box 238 Lillington, North Carolina 27546 To Municipality Steven W. Neusehafer City Manager Post Office Box 1065 Dunn, North Carolina 28335 With copy to: P. Tilghman Pope Pope Law Group, P.A. Post Office Box 928 Dunn, North Carolina 28335 10. Governing Law. The parties intend that this Agreement shall be governed by the law of the State of North Carolina. 11. Non -Business Days. If the date for making any payment or the last day for performance of any act or the exercising of any right shall not be a Business Day, such payment shall be made or act performed or right exercised on or before the next preceding Business Day. 12. Severability. Each provision in this Agreement is severable. If any provision of this Agreement will be determined to be invalid or unenforceable by a court of competent jurisdiction, then: (a) such determination will not invalidate or render unenforceable any other provision of this Agreement; (b) such provision will be construed as closely as possible to the parties' original intent in order to render such provision valid or enforceable, as applicable; and (c) the remaining terms of this Agreement, together with such reconstructed provision, will constitute the parties' entire agreement. 13. Entire Agreement- Amendments. This Agreement constitutes the entire contract between the parties, and this Agreement shall not be changed except in writing signed by both parties. 14. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 15. Time. Time is of the essence in this Agreement and each and all of its provisions. 16. Liability of Directors Officers and Agents. No director, officer, agent or employee of the County or Municipality shall be subject to any personal liability or accountability by reason of the Page 4 of 6 execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law. 17. Confidentiality. The County will keep confidential and will not disclose or publish any of Municipality's trade secrets as defined in Section 132-1.2(1) of the North Carolina General Statutes, will keep all records evidencing such trade secrets marked as "confidential trade secrets", and will keep all such records segregated in the County's files. If the County receives a request, subpoena or court order to disclose any information or records Municipality or its representatives have provided or provide in the future relating to this Agreement or the project described in this Agreement, the County will give Municipality prompt written notice of the request, subpoena or court order and will discuss any proposed disclosure of such information or records with Municipality (and, to the extent possible, give Municipality the opportunity to contest any disclosure of information or records Municipality believes should not be disclosed) before making any such disclosure. 18. E-Verify. Municipality shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Municipality shall also require any and all of its subcontractors to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. 19. Counterparts. The individual signatories below have the expressed and implied authority on behalf of their respective Boards to execute this Agreement. The Parties may execute this Agreement in separate counterparts and the execution of a copy shall have the same effect as the execution of an original. Such execution may be by facsimile or PDF attachment to an email. IN WITNESS WHEREOF, the patties hereto have caused this Reimbursement Agreement to be duly executed pursuant to authorization obtained in a duly adopted resolution or has otherwise been duly authorized to sign on behalf of their respective organization. City of Dunn County of Harnett WOEr . Elmore, r Mayor .0` p ATTEST: 2 . SEAL -1,91 �, A-, t f\, , C11 t 11 , I I I I t I %,it Howard Penny Chairman ATTEST: Margaret Regina Wheeler, Clerk Page 5 of 6 This document has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. *ftinance Director This document has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director Page 6 of 6 MEMORANDUM OF UNDERSTANDING City of Dunn State of North Carolina Attachment #8 08/11/2020 Agreement THIS MEMORANDUM OF UNDERSTANDING (the "Agreement") is entered into on the 28"' day of July, 2020, by and between the following parties (the "Parties"): The Parties are the City of Dunn, hereinafter referred to as "City", 401 East Broad Street and the Downtown Dunn Development Corporation, hereinafter referred to as "Nonprofit". PURPOSE OF THE MOU The Purposes of this Memorandum of Understanding are the following: 1. Express the Parties' mutual understanding regarding roles and responsibilities of managing the Main Street Program. 2. Express the Parties' mutual understanding regarding priority activities, tasks, and decisions to be achieved in managing the Main Street Program. Express the Parties' mutual intention to work in good faith to further the redevelopment of downtown, to spur economic development in the context of historic preservation, in accordance with Main Street Americ9m as administered by NC Department of Commerce, NC Main Street & Rural Planning Center. PRIORITY GOALS AND TASKS The Parties have identified the following as priority goals and tasks for the redevelopment of downtown through the management of their Main Street Program: a. Develop a strategic economic development plan to guide redevelopment. b. Implement the strategic plan through the Main Street AmericaTM Four -Point Approach to downtown revitalization. c. Create a positive image for downtown that spurs investment, business and residential development, jobs and volunteerism. d. Identify and convey practical, valuable, and implemental tools for downtown economic development. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the City and the Nonprofit agree to the following roles and responsibilities: 1. Duties of the City: The City agrees to: A. Employ a full-time employee to direct the downtown revitalization of Dunn that will be employed 40 hours per week for this activity. B. Advertise and recruit for applicants for the employee in Item A above. C. Involve a representative from the Nonprofit in the interview and selection process for the employee in Section A. D. Partner with the Nonprofit to meet the annual requirements as outlined in the NC Main Street Annual Agreement. E. Partner with the Nonprofit and provide resources and information that may be pertinent in carrying out its charge. F. Provide a quarterly report to the Nonprofit on the City's downtown revitalization activities. G. Utilize the Main Street' philosophy to partner with the Nonprofit in the development of a strategic economic development plan for downtown and an implementation work -plan based on the Main Street AmericarM Four Point Approach' to Downtown Revitalization that includes: Economic Vitality, Design, Promotion and Organization, for downtown Dunn, in order to enhance and preserve its status as a North Carolina Main Street community. a. Economic Vitality i. Examine and make suggestions as necessary regarding current zoning, ordinances, licensing and any other applicable municipal regulatory requirements or processes in order to facilitate economic development in the downtown business district. ii. Partner with the Nonprofit to develop and implement incentives to spur investment, business and residential development and to create jobs. iii. Provide mapping, market and demographic data to develop a market driven economic development plan. iv. In collaboration with Harnett County, provide tax base and tax records information for downtown. V. In partnership with the Nonprofit, measure the impact of the Main Street program. b. Design i. Plan, contract for and oversee in partnership with the Nonprofit, the public physical improvements along Main Street, such as sidewalks, streetscape, parking, and beautification projects. ii. Enforce state and local ordinances in downtown. iii. In partnership with the Nonprofit, develop design recommendations for downtown. iv. In partnership with the Nonprofit, establish or manage a National Register District of Historic Places and historic resources with best practices. V. Maintain and improve the public property and public space of downtown to promote a Clean and Safe enviromnent. c. Promotion i. Assist with and facilitate the logistics of basic city services (permits, street closings, police protection, garbage collection, etc.) as they relate to the events held in downtown. ii. Partner with the Nonprofit to establish a brand for downtown. d. Organization i. Direct the employee described in Section A to act as a liaison between the City and the Nonprofit in order to better coordinate downtown revitalization efforts for the City of Dunn. The NC Main Street Annual Agreement and the requirements within shall serve as the basis for the Nonprofit. ii. The City will handle personnel issues with the full support of the city human resources personnel and if needed, by the city attorney. iii. The City will annually review the performance of the Main Street Director in accordance to city human resources policy. iv. The City will receive input from the Executive Committee of the Nonprofit as to overall performance of the duties as outlined below as part of the Main Street Director's annual evaluation. V. Direct employee to attend all Main Street training as required in annual agreement 2. Duties of the Nonprofit: The Nonprofit agrees to: A. Bring the resources of the City, the Nonprofit and the downtown community together, with the understanding that the Nonprofit's role is to undertake activities which will assist in, enable, or expedite the development of downtown Dunn adding value to downtown and the community. B. Partner with the City to meet the annual requirements as outlined in the NC Main Street Annual Agreement. C. Partner with the City and provide resources and information that may be pertinent in carrying out its charge. D. Provide a quarterly report to the City on the Nonprofit's downtown revitalization activities. E. Utilize the Main Street' philosophy to partner with the City in the development of a strategic economic development plan for downtown and an implementation work -plan based on the Main Street AmeriWm Four Point Approach" to Downtown Revitalization that includes: Economic Vitality, Design, Promotion and Organization, for downtown Dunn in order to enhance and preserve its status as a North Carolina Main Street community. a. Economic Vitality i. Create and maintain a comprehensive downtown property inventory database including building images, owner contact information, building condition, past -current -potential uses, etc. ii. Create and maintain a comprehensive downtown business and use inventory database including business owner contact information, goods and services and hours of operation, etc. iii. Partner with the City to develop and implement incentives to spur investment, business and residential development and to create jobs. iv. Partner with the City to develop and conduct survey of downtown stakeholders to determine what would better facilitate business development in downtown. v. Create a business retention, expansion and recruitment program. vi. In partnership with the City, measure the impact of the Main Street program and maintain impact and tax base data to demonstrate benchmarks. b. Design i. In partnership with the City, develop design guidelines for downtown, and promote the value of, and educate property owners on, appropriate design improvements for a historic downtown business district. ii. Provide aid and resources to business and property owners during any type of business disruptions. iii. Assist City as needed with public physical improvement projects. iv. Provide facade improvement assistance to downtown business and property owners through the NC Main Street & Rural Planning Center. c. Promotion i. Partner with the City to establish a brand for downtown. ii. Work with downtown stakeholders to develop and implement retail promotion activities. iii. Develop and manage downtown events to take place in downtown Dunn. iv. Develop and maintain a comprehensive marketing campaign for downtown. v. Promote downtown as a mixed -use center of activity. d. Organization i. Maintain a viable Nonprofit in accordance to the organization's articles of incorporation as fled with the Secretary of State. ii. Maintain a viable organization composed of the main stakeholders for the downtown community or if the district has a Municipal Service District (MSD) an organization composed of stakeholders within the MSD (see NOTE below in iii). iii. Maintain a Board of Directors in accordance with the Nonprofit bylaws. iv. Partner with the City to ensure the completion of the annual program assessment in accordance with the NC Main Street Annual Agreement. v. Partner with the City to ensure the completion of the annual program statistics in accordance with the NC Main Street Annual Agreement. vi. Develop and coordinate opportunities to spur volunteerism for downtown and to become involved in the downtown revitalization efforts. vii. Attend NC Main Street trainings in accordance with the NC Main Street Annual Agreement. 3. Invoices: The City shall pay the Nonprofit within 30 days of receipt of a valid invoice for any type of payment agreed upon by both the City and the Nonprofit. 4. Amendments: This Agreement may be amended, in writing, by mutual agreement of the City and the Nonprofit. 5. Term: This Agreement, unless amended as provided herein, shall be in effect until July 2025 6. "Termination: The City or the Nonprofit each reserve the right to terminate the Agreement upon 90 days written notice. 7. Non -Discrimination: In matters of employment, provision of services and contracting, the Nonprofit agrees to act without regard to race, color, sex, religion, age, national origin, sexual orientation or handicapped status. IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. CORPORATION U46�_'t_ TITLE ►�i.� .� VIM I � • CITY OF DUNN MAYOR ATTEST BY CITY CJ�ERK: y t CITY CLERK attests date this the 11°i day of August 2020. Approved „Io Form xr uthorization CITf A " ORN Y STY OF ' SEAL This instrument has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. FI ANCE DIRECTOR