HomeMy WebLinkAboutAugust 13, 2024 Regular MeetingAGENDA
Lillington Board of Commissioners
Regular Monthly Meeting
Lillington Town Hall
102 East Front Street
Lillington, North Carolina 27546
August 13, 2024 6:00pm
CALL TO ORDER MAYOR GLENN MCFADDEN
WELCOME MAYOR GLENN MCFADDEN
PLEDGE OF ALLEGIANCE MAYOR GLENN MCFADDEN
INVOCATION COMMISSIONER MARSHALL PAGE
CONSIDERATION OF AGENDA
PUBLIC COMMENT Public comment is an opportunity for citizens wishing to present unscheduled items of concern or
interest to the Commissioners. It is requested that citizens limit their presentations to three (3)
minutes.
CONSENT AGENDA
All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately.
Item #1 Approval of Work Session Minutes from July 8, 2024
Item #2 Approval of Regular Session Minutes from July 9, 2024
Item #3 Approval of Special Meeting Minutes from July 15, 2024
Item #4 Approval of State of North Carolina Department of Environmental Quality Division of Water & Infrastructure & Resolution By Governing Body by Recipient
Item #5 State of North Carolina Department of Environmental Quality Division of Water Infrastructure Funding Offer and Acceptance
Item #6 Approval of Agreement with McAdams -Town of Lillington Stormwater Asset
Inventory + Assessment (AIA) and Stormwater Utility Analysis + Launch
Town of Lillington | 2 Item #7 Approval of Agreement with McAdams- Harnett Street Stormwater
Improvements – Golden LEAF Project
Item #8 Approval of FY24-25 Budget Amendment #1 Item #9 Approval of Golden Leaf Harnett Street Storm Drainage Improvement Grant
Project Ordinance
Item #10 Approval of Master Services Agreement with Flock Group, Inc. Item #11 Approval of Harris Local Government Software Subscription Agreement
SPECIAL PRESENTATION Item #12 Pete McPherson Volunteer of the Year Award NON-AGENDA ITEMS
Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled
items that need consideration by the Board.
ADJOURNMENT
AGENDA ITEM SUMMARY
Date of Meeting: August 13, 2024
Staff Work By: Lindsey B. Lucas, Town Clerk
Lisa B. Young, Assistant Town Manager
Joseph Jeffries, Town Manager
Alicia Adams, Administrative Services Director
AGENDA ITEM
Consent Agenda Items
ITEM SUMMARY
All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion.
If a Governing Body member or citizen requests discussion of an item, the item will be removed from the
Consent Agenda and considered separately:
Item #1 Approval of Work Session Minutes from July 8, 2024 Item #2 Approval of Regular Session Minutes from July 9, 2024
Item #3 Approval of Special Meeting Minutes from July 15, 2024
Item #4 Approval of State of North Carolina Department of Environmental Quality Division of Water & Infrastructure & Resolution By Governing Body by Recipient
Item #5 State of North Carolina Department of Environmental Quality Division of Water Infrastructure Funding Offer and Acceptance Item #6 Approval of Agreement with McAdams -Town of Lillington Stormwater Asset
Inventory + Assessment (AIA) and Stormwater Utility Analysis + Launch
Item #7 Approval of Agreement with McAdams- Harnett Street Stormwater Improvements – Golden LEAF Project
Item #8 Approval of FY24-25 Budget Amendment #1
Item #9 Approval of Golden Leaf Harnett Street Storm Drainage Improvement Grant Project Ordinance
AGENDA ITEMS #1-11
Item #10 Approval of Master Services Agreement with Flock Group, Inc.
Item #11 Approval of Harris Local Government Software Subscription Agreement
RECOMMENDED ACTION Approve consent agenda items as recommended by staff.
Lillington Board of Commissioners July 08, 2024 Work Session Meeting Minutes
Work Session Meeting of the Town Board of the Town of Lillington, Monday, July 08, 2024
at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina.
Board Members Present: Mayor Glenn McFadden
Mayor Pro Tempore Neil McPhail Commissioner Rupert Langdon Commissioner Marshall Page Commissioner Danny Babb
Commissioner Patricia Moss
Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager
Lindsey Lucas, Town Clerk
Alicia Adams, Administrative Services Director Landon Chander, Planning Director Shane Cummings, Engineer Brian Hyde, Senior Infrastructure Inspector
Ashley Wimberly, Public Works Director
Christy Powers, Youth Support Specialist Brandon Harris, Asisstant Parks and Recreation Director
Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m.
NEW BUSINESS Item #1 Consideration of a Planning Board Appointment Mayor McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated there were two openings on the Planning Advisory Board. One was for a member within the corporate limits,
and one was for an ETJ member. Ms. Lucas said there were two applications that were submitted, one for the corporate limits and one for the ETJ. The applicants were Jon Blair and Kenneth Atkins. Mr. Blair would take over the term for the corporate limit’s member and Mr. Atkins would take over the term for the ETJ member. These terms would expire September 2025. Commissioner McPhail made a motion to appoint Jon Blair and Kenneth Atkins to the
Planning Advisory Board. Commissioner Langdon seconded the motion that passed unanimously. Item #2 Discuss and Consider Allowing Harmony Baptist Church to Connect to the Sewer
System Mayor McFadden recognized Shane Cummings, Town Engineer. Mr. Cummings discussed allowing Harmony Baptist Church to connect to the sewer system. It was the consensus of the
Board to allow Harmony Baptist Church to connect to the sewer system. Item #3 Administrative Reports
Capital Projects Update- Mayor Glenn McFadden recognized Alicia Adams, Administrative
Services Director. Mr. Jeffries went over the following updates;
Lillington Board of Commissioners July 08, 2024 Work Session Meeting Minutes
SCIF Grants
Downtown Facilities
Stewart, Inc. is continuing to work on the construction drawings for Downtown. Staff has
received cost estimates from Duke Energy for relocation of utilities. The Town has entered into a
contract with Duke Energy including a non-refundable deposit of $90K. This will provide the
Town with the actual cost for construction for underground utilities. Staff are continuing to work
closely with Ducke Energy and Pike to work through construction plans. McAdams is continuing
to design stormwater infrastructure facilities. The surveyor has completed the additional
requested survey work for Duke Energy. Duke Energy has submitted preliminary plans for
underground utilities. Staff met with Duke Energy June 27th to discuss all the pedestrian scale
and roadway lighting. Pike Engineering is working to coordinate underground utilities and
conduit for pedestrian and roadway lighting. Pike Engineering is doing both the roadway lighting
and the parking lot lighting.
Stormwater Resiliency Funds
Staff was notified that the State allocated $3.5 million for Stormwater infrastructure
improvements and stream restoration, to provide more efficient stormwater management and
flood resiliency. Project components will include stormwater management, replacing undersized
culverts, and stabilizing streambanks to improve flood resiliency. Staff has received all of the
funding to begin the project.
Projects:
1. Downtown Stormwater Improvements
• Design construction documents have been submitted to the Town and are
currently under review.
• Consultants are coordinating with the railroad RJ Corman to put in an additional
crossing.
2. Duncan Street
• Duncan Street will open following the 4th of July Event
• Signage, stripping, and pedestrian crosswalks will be completed by the end of
July
• As-builts and CCTV will also be completed at project close out
3. Railroad Crossing
• Began Final Design and construction documents. McAdams will provide
preliminary plan set to the Town for review before submitting to RJ Corman.
Lillington Board of Commissioners July 08, 2024 Work Session Meeting Minutes
• The Town is waiting on a site visit from Jeremy Myers with RJ Corman who is a
track engineer.
• Ongoing coordination with RJ Corman (Railroad) for encroachment
documentation and permitting for working within their R/W.
4. 13th Street Reservoir
• McAdams is recommending upsizing the northernmost culvert crossing on S 13th
Street to dual RCBC box culverts to eliminate roadway overtopping for the 10
and 25-Year design storms. Although this recommendation is a slight deviation
from the 15’W x 6’H RCBC, which is listed as the preferred design alternative
(#2) in the previous Town of Lillington Stormwater Assessment, it will better
maintain existing stream geometry and lend to more feasible construction and
procurement of materials.
• Currently at 60% CD set, coordinated with structural engineer on design
requirements
• Working towards obtaining 401/404 permitting
• Easement acquisition will be necessary for completion of the project.
• LKC Engineering will perform a boundary survey for the two adjacent parcels in
order to finalize the metes and bounds of easement acquisition
Golden Leaf Application Stormwater Harnett Street
Project Description: The proposed storm drainage improvements would include removal and
replacement of existing storm drainage pipe, ranging from 15” RCP to 30” RCP, and removal
and replacement of storm drainage structures, including catch basins, drop-inlets, storm drainage manholes, and storm drainage headwalls. The proposed storm drainage infrastructure will effectively capture storm runoff, convey stormwater efficiently inside public right-of-way, and increase the level of service of the storm drainage system. In addition, private storm drainage
infrastructure would be relocated to the Town Right-of-Way to allow for easier access for future
maintenance and inspections. The probable cost of this project is $1.3 million, staff requested full funding for the project. Staff met with Golden Leaf on site on March 19th. They have requested additional information from staff that we are working with business owners in the area to complete.
The Golden Leaf Foundation reached out to staff April 4th and explained the Board of Directors
took no action on the flood mitigation application. Golden Leaf Staff explained that the project is still eligible for an award and will be brought to the Board at the June Board meeting. They explained the board acted on very few projects at their meeting and that receiving no action is not an indication that the project will not be awarded. The Golden Leaf Board will meet again June 5th and 6th to consider projects again.
The Golden Leaf Grant Agreement is slated to be approved on the consent agenda at the Regular Meeting.
Lillington Board of Commissioners July 08, 2024 Work Session Meeting Minutes
North Carolina Emergency Management Transportation Infrastructure Resiliency Grant
The Town was awarded a grant from the North Carolina Emergency Management Transportation
Infrastructure Resiliency Program for $790,000. Staff issued a Notice of Award to Narron
Contracting, Inc. and the project is currently under construction. Staff requested an extension, it
was approved, and the new completion date is June 30, 2024. Installation of the new storm
drainpipe and drop inlet along the roadway is complete. Street will remain closed. We have
expended the construction and engineering design portion of the Emergency Management
Transportation Infrastructure Resiliency Grant and will finish off the project with Flood
Resiliency and Powell Bill Funds.
Signage, stripping, and pedestrian crosswalks will be completed by the end of July. As-builts and
CCTV will also be completed at project close out
Fire Station #3 The Town staff has received their third schematic layout of the Fire Station and are continuing to work closely with Bobbitt. Below is the layout of the interior of the fire station. Bobbitt provided architectural standards for the facade of the station and staff met with them May 15th to discuss
next steps. Bobbitt is currently addressing all the comments from staff and will provide final
design in the coming weeks along with an updated schedule.
ARPA S.L. 2022-74 Appropriated Projects
All documentation was submitted to the State to fund the Hwy 210 sewer line expansion and Southern Regional Sanitary Sewer/Poorhouse Creek installation of new sanitary sewer
interceptor and regional pump station. The total allocation was $9,250,000. Staff has received the offer and acceptance letter from the Department of Water Infrastructure. a. Hwy 210 Sewer line Project Temple Grading signed the NTP August 14, 2023. Construction has begun and is on-
going. The contractor is continuing to install the 8-inch force main along NC Hwy 210 North and is nearing completion. The pump station site clearing has been completed and the contractor is expected to begin installing the pump station wet well this month. Pump station construction is scheduled to be complete by the end of July. The installation of the gravity sewer will start in August. The contractor has presented two change orders to the
Town; changer order 1 for the additional contract time (89 calendar day increase) due to the Crested Iris design change to connect to the HRW collection system and outside agency concurrence, change order 2 is for the cost to complete the work at Crested Iris Drive to make the HRW sewer connection as demonstrated on the latest design drawings ($156,801.56 and 30 calendar day increase to contract time). The change orders have
been approved by the state and the Town of Lillington.
b. Poorhouse Creek Meyers Engineering will be submitting to DWI for a sewer permit in the coming weeks. Contract documents have been review by staff and comments are currently being addressed. Easement acquisition has begun. The project will go out for bid in late August
or early September. Staff are hopeful that the construction contract will be approved by November.
Lillington Board of Commissioners July 08, 2024 Work Session Meeting Minutes
LASII Grant
Staff submitted the LASII grant application October 2, 2023 requesting $500,000 to develop and implement a new stormwater utility to provide a predictable, equitable and ongoing funding source for its stormwater program.
The activities that the Town seeks to accomplish with the funding that the utility will provide
include:
• Increasing the flood resiliency of the transportation system in and through the Town;
• Funding stormwater Capital Improvement Projects (CIPs) to address stormwater
quantity and quality issues;
• Handling critical maintenance needs and operations; and
• Meeting planning and implementation needs.
Staff submitted a scoping document for the project. Once approved DWI will send the grant agreement and the standard acceptance of funding resolution. The grant agreement has not been sent for approval as of now. The project schedule is two years, with a completion date of July 2026.
S.L. 2023 Appropriated Funds
The Town was appropriated $11,062,500 through Session Law in 2023. Administrative cost for
the funds is $331,875.00. Available funds remaining are $10,730,625.
Additional Proposed projects with remaining funds:
1. Water Tank $4.5 million
• Request for Qualifications will be accepted at Town Hall July 16th at 2:00pm
2. Downtown utility rehabilitation approximately $3.1 million
3. WWTP project $3.1 million
Staff completed request for funding forms to the Division of Water. Following completion of the
required documents staff can begin the projects.
Monthly Financial Report – Mayor Glenn McFadden recognized Lisa Young, Assistant Town
Manager. Ms. Young reviewed the monthly summaries for the Town’s revenues, expenditures,
and year-to-date fund balances in the General Fund, Water/Sewer Fund, and the Powell Bill
Fund for the month of June.
Town Manager’s Report – Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager.
Mr. Jeffries gave the following updates;
- Mr. Jeffries complimented staff in regard to the July 4th celebration by letting them know
how outstanding it was, and their hard work did not go unnoticed.
- He met with the consultants for Downtown and said they were starting to move forward
but there are some holes in the contract the town is disputing, and we may need to amend
Lillington Board of Commissioners July 08, 2024 Work Session Meeting Minutes
the contract to include some things downtown that were not in the contract. Mr. Jeffries is
speaking with Town Attorney Tony Buzzard about these things.
- Clock will be brought back to the Town this week – it was being refurbished.
Item #3 Discussion of Regular Meeting Agenda for July 9, 2024 Mayor Glenn McFadden reviewed the Agenda for the July 9, 2024, Regular Meeting. Adjournment: The meeting adjourned following the unanimous approval of a motion by
Commissioner Langdon and a second by Commissioner Page.
Attest:
____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
Lillington Board of Commissioners July 9, 2024
Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, July 9, 2024
at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina.
Board Members Present: Mayor Glenn McFadden
Mayor Pro Tempore Neil McPhail
Commissioner Marshall Page
Commissioner Rupert Langdon
Commissioner Danny Babb
Commissioner Patricia Moss
Staff Present: Lisa Young, Assistant Town Manager
Lindsey B. Lucas, Town Clerk
Alicia Adams, Administrative Services Director
Landon Chandler, Planning Director
Frank Powers, Police Chief
William Baker, Parks & Recreation Director
Rachel Hairr, Attorney
Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed
those in attendance at 6:00 p.m.
Invocation: Commissioner Page held the invocation.
Agenda Consideration: Mayor Glenn McFadden presented the agenda for the consideration by
the Town Board. Commissioner Page moved to approve the agenda as presented. The motion
was seconded by Commissioner Moss and approved unanimously. (Minute Book Notation:
Agenda is on file at Lillington Town Hall).
Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the
Town Board.
No one was signed up for public comment, but Mayor McFadden allowed a citizen to speak
Marge Moreton – 86 Gwendolyn Way – Lillington – Ms. Moreton stated she wanted more
transparency when it came to annexations, agendas and applications for rezonings. She also
stated she wants board meetings to be live streamed.
Consent Agenda: Mayor McFadden asked to remove Item #4 from the consent agenda to
consider separately. Commissioner Page moved that the consent agenda items be approved as
amended to the Board. The motion was seconded by Commissioner McPhail and the following
consent agenda items were approved unanimously.
Lillington Board of Commissioners July 9, 2024
Item #1
Work Session Minutes from June 10, 2024
Item #2
Regular Session Minutes from June 11, 2024
Item #3
Special Meeting Minutes from June 27, 2024
Item #5
Approval of Commercial Lease Agreement between the Town of Lillington and the
Harnett County Board of Education regarding the “P D Hut”
Item #6
Approval of Contract and Use Agreement between the Town of Lillington and the
Harnett County Board of Education regarding STAR Academy
Item #7
Approval of Golden LEAF Foundation (“Golden Leaf”) Grantee Acknowledgement
and Agreement – G-202412-08829/ Harnett Street Stormwater Improvements
Item #8
Approval of Infrastructure Agreement between the Town of Lillington and KDP
Development, LLC
Item #4 Consideration of Approval of Pipeline Crossing License Agreement RFCC2023039
Mayor McFadden stated that the Town Attorney, Tony Buzzard, has some revisions he wants
made to the agreement. Commissioner Langdon made a motion to approve the agreement subject
to Tony Buzzards revisions. Commissioner McPhail seconded the motion that passed
unanimously.
OLD BUSINESS Item #9 Consideration of Approval of Ordinance to Extend the Corporate Limits of the
Town of Lillington (G&J Development, LLC)
Mayor McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas explained at the last Board Meeting on June 11, 2024, a public hearing was held on the question of annexation for property located off Harnett Central Road and owned by G&J Development, LLC. At that meeting Ms. Lucas asked that the consideration of Approval be tabled to today as all the paperwork had not
been received at that time. Commissioner Page made a motion to deny the approval of an
ordinance to extend the corporate limits of the Town of Lillington. Commissioner Langdon seconded the motion that was unanimously approved.
Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda
items that should be addressed by Town Board members or staff. The Board thanked staff for the July 4th celebration.
Lillington Board of Commissioners July 9, 2024
Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Page and a second by Commissioner McPhail.
Attest:
____________________________ ____________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
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Minute book notation of a gathering of a quorum of the Lillington Town Board at the Lillington Town Hall on Monday, July 15, 2024 at 9:00 a.m. for a meeting with the NC
Capital Area Metropolitan Planning Organization (CAMPO)
Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Marshall Page
Commissioner Rupert Langdon
Commissioner Danny Babb Commissioner Patricia Moss Staff Present: Joseph Jeffries, Town Manager
Lindsey B. Lucas, Town Clerk
Landon Chandler, Planning Director Jillian Brookshire, Planning Assistant CAMPO Staff: Chris Lukasina, Executive Director
Shelby Powell, Deputy Director
Alex Rickard, Deputy Director Staff from the NC Capital Area Metropolitan Planning Organization (CAMPO) met with Lillington Town Board members and staff to introduce CAMPO Executive Team to Lillington
Town Board and staff, and discuss MPO membership, projects and processes.
No actions or official motions were taken by the Lillington Town Board as this gathering was for informational purposes only.
As there were no other purposes for the gathering, the group disbursed following the completion
of the meeting. Attest:
______________________________ _______________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
RESOLUTION FY 2025-01
RESOLUTION BY GOVERNING BODY OF RECIPIENT
WHEREAS, the Town of Lillington has received a LASII Planning Grant from the 2023 Appropriations Act, Session Law 2023-134, administered through the Drinking Water Reserve and Wastewater Reserve to assist eligible units of government with meeting their water/wastewater infrastructure needs, and
WHEREAS, the North Carolina Department of Environmental Quality has offered 2023 Appropriations Act funding in the amount of $500,000 to perform work detailed in the submitted application, and
WHEREAS, the Town of Lillington intends to perform said project in accordance with the agreed scope of work, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF LILLINGTON
That Town of Lillington does hereby accept the 2023 Appropriations Act LASII Planning Grant offer of $500,000. That the Town of Lillington does hereby give assurance to the North Carolina Department of
Environmental Quality that any Conditions or Assurances contained in the Award Offer will be adhered to. That Alicia L. Adams, Administrative Services Director, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request
in connection with this project; to make the assurances as contained above; and to execute such other documents as may be required by the Division of Water Infrastructure.
Adopted this the 13th day of August, 2024.
Attest:
_______________________________ ______________________________
Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
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2100 South Tryon Street, Suite 400, Charlotte, NC 28203 / 704. 527. 0800 creating experiences through experience
August 8, 2024
Alicia Adams
Administrative Services Director
Town of Lillington
102 E Front Street
Lillington, North Carolina 27546
RE: Town of Lillington Stormwater Asset Inventory + Assessment (AIA) and
Stormwater Utility Analysis + Launch
Lillington, North Carolina
LIL24004
Dear Ms. Adams,
In conjunction with McAdams’ General Services Agreement (GSA) with the Town of Lillington, we are pleased to
offer this proposal for services associated with a stormwater asset inventory and conditions assessment as well as a
stormwater utility fee implementation effort. Provided herein is our understanding of the desired services and our
detailed scope and overall fee estimate.
PROJECT UNDERSTANDING
PROPOSED SCOPE
The project being proposed by the Town of Lillington (“the Town”) is to develop and implement a new stormwater
utility to provide a predictable, equitable, and ongoing funding source for its stormwater program. The activities that
the Town seeks to accomplish with the funding that the utility will provide include:
• Increasing the flood resiliency of the transportation system in and through the Town;
• Funding stormwater Capital Improvement Projects (CIPs) to address stormwater quantity and quality issues;
• Handling critical maintenance needs and operations; and
• Meeting planning and implementation needs.
An effective asset inventory analysis plan will include a condition assessment and rating of the Town's existing
stormwater infrastructure. Based on this inventory analysis, the repair and rehabilitation of existing facilities can be
predicted, elevating the Town's ability to manage its stormwater assets effectively. In addition to repair and
rehabilitation projects, the inventory analysis will identify potential projects to address inadequate and undersized
stormwater conveyances, nuisance flooding, and projects for enhanced stormwater quality and quantity control.
The asset inventory analysis will also identify and map shortfalls in the Town's existing GIS mapping system, such as
older stormwater infrastructure needing repair. Finally, a stormwater utility will be utilized as a source of revenue to
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support Stormwater Program measures and the completion of the Town's stormwater capital improvement
projects.
McAdams has been selected by the Town to provide professional engineering services for a Stormwater Inventory
with Condition Assessment & Utility Fee Implementation project, herein referred to as “project”. The project is
funded by a Division of Water Infrastructure (DWI) Stormwater Planning Grant to be used for the following activities:
> Completion of stormwater system asset inventory and condition assessment within key priority areas of the
Town
> Development and updating of the Town’s Stormwater Capital Improvement Plan (CIP) and Stormwater
Operations and Maintenance (O&M) activities
> Development of a Stormwater Utility Fee Feasibility Study and Implementation Plan
> Assistance with public engagement, stakeholder coordination and Town Board presentations
ASSUMPTIONS
This proposal is based on the following assumptions:
> Any public notifications will be coordinated through the Town of Lillington;
> This project will be focused primarily on structural condition assessment with limited, high level hydraulic
analyses and flooding assessments for key areas;
> Basic traffic control for pipe inspection work will be conducted by McAdams and its subconsultants;
> Additional traffic control support will be provided by the Town (McAdams will notify the Town at least 48-
hours in advance of any needs). Major traffic control needs may need to be sub-contracted out at a higher-fee
and will be negotiated as an additional service;
> This project includes inspections for Town-owned systems primarily, from collection point to open discharge
point within a Town dedicated easement or maintenance area. It does not include privately owned or
maintained systems or others outside the jurisdiction of the Town of Lillington;
> This effort is intended to include inventory collection for all remaining stormwater pipes and structures within
the Town limits, not previously collected as part of other project efforts; pipe and structural assessments will
be for selected systems as determined most appropriate by McAdams and the Town of Lillington. These
determinations will be conducted in coordination with the Project Team prior to field work commencing and
may be modified as work progresses through each phase;
> The Town of Lillington will provide stormwater infrastructure as-built information and inventory data for any
recent or ‘new’ development within Town that may exist; and
> Opinions of Probable Construction Costs (OPCCs) will be high level, budgetary estimates for planning
purposes, based upon best available data and appropriate engineering judgement for each project area.
Detailed survey data, subsurface utility exploration information, geotechnical investigations, etc. may be
required later to refine costs and obtain bid-level estimates.
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PROPOSED SERVICES + FEES
We propose the following services (alphanumeric task numbers are for internal coding purposes):
PHASE 1 – ASSET INVENTORY + CONDITION ASSESSMENT
A4.10 Field Data Collection:
FEE: $91,050 (lump sum)
A portion of the Town’s stormwater assets contributing to the flood-prone areas has already been
assessed as part of the Town’s recently completed 2023 Hydrologic and Hydraulic (H+H) study. This phase
will include a more complete and robust asset inventory and condition assessment for most of the
remaining portions of the Town’s stormwater drainage system.
Detailed tasks include:
> Inventory and verification of stormwater assets, including use of required electronic equipment and
field crew support as necessary;
> Field walks to verify and confirm system connectivity and limits;
> Asset locations and verification as necessary or required for basemapping updates;
> Addition of collected asset information to GIS data inventory;
> Collected data will include: pipe and structure size, type, material, inverts and other relevant elevation
information, configuration, condition, and photos. This will also include system connectivity as
confirmed during field investigation; and
> New systems and assets constructed as part of new development within Town are not anticipated to
be collected; however, McAdams will utilize as-built plan data as provided by Town of Lillington to
incorporate into the online GIS inventory and database.
A4.20 Geodatabase Creation + Management:
FEE: $23,610 (lump sum)
McAdams will update the Town’s stormwater GIS inventory and integrate into a project dashboard where
information on the Town’s drainage system will be updated based on inspection results and problem
identification.
This work will include:
> Data assembly and geodatabase development and maintenance;
> GIS Dashboard creation, including real-time updates during data collection and formatting based on
feedback with Town staff;
> Ongoing maintenance throughout the life-cycle of the project; and
> For condition assessments, we will take detailed pipeline ratings and defect codes and build related
tables that can be viewed via a GIS geodatabase. We will also catalogue CCTV inspection video and
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attach to the pipeline condition rating and records for the applicable features via a video link from an
online library.
A4.30 Condition Assessment + Support:
FEE: $27,300 (lump sum)
We will review all video recordings and assess the storm drainage system to determine current condition
and where immediate, remedial action may be necessary. For condition assessments, we will take detailed
pipeline ratings and defect codes and build related tables that can be viewed via a GIS geodatabase. We
will also catalogue CCTV inspection video and attach to the pipeline condition rating and records for the
applicable features via a video link from an online library. Condition assessment will generally follow
NASSCO PACP standards and practices.
L4.20 Pipe Cleaning/CCTV + Storm Structure Inspections:
FEE: $77,545 (lump sum, based on unit rates listed below)
McAdams will utilize a subcontractor (VisionNC) to assist in detailed pipe and structure assessments. Work
under this task will include three (3) major areas for inspections, including:
Pipe Cleaning + Closed Circuit Television (CCTV) Inspections:
FEE: $5.50/LF for CCTV
Storm piping will be video inspected using a self-propelled closed-circuit television system, which includes
a color, pan and tilt camera coupled with a laptop computer equipped with a digital video recorder and
inspection reporting software. Cleaning will be performed as necessary to allow the inspection camera to
pass through the pipe and provide an unobstructed view of the pipe. Cleaning will be performed with a
high-velocity jet and vacuum truck and an off-road, tracked easement machine with additional jetting
hose. The easement machine extends our off-road cleaning distances.
Video inspection will be recorded using a NASSCO PACP compliant software. Our certified Operator will
capture the location of any structural defects, operation and maintenance defects and construction
features (lateral connections, etc). The inspection will be stored according to facility identification and
structure numbers.
Video Inspection Deliverable: Digital videos will be provided in .mp4 format. A PDF log will be provided
showing the facility ID, upstream and downstream manhole numbers, pipe diameter, length, material,
defects, observations, etc. All inspection data is captured in a database for easy incorporation into GIS and
asset management software.
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Structure Inspections:
FEE: $176 for each structure scan inspection
Structures (catch basins, curb inlets, etc) will be scanned using an Ibak Panaramo SI unit. The SI unit
produces a 360 degree, high resolution photo image of the interior of the structure and a digital point
cloud that can be used to obtain accurate measurements of various components. A certified technician
will perform a detailed inspection in the office using the scan data according to the National Association of
Sewer Service Companies’ (NASSCO) Manhole Assessment and Certification Program (MACP)
methodology.
The condition of the manholes will be assessed, and inspections report will be completed containing the
following attributes:
> Physical location (street address);
> Unique structure identification number;
> Pipe sizes, materials, and invert depths;
> Structural defects and other deficiencies; and
> Photographs of the ground cover around each structure, the interior of the structure, and any defects
within the structure.
A list of buried and/or unfound structures will also be provided to the City. Structures with no existing
information will be surveyed to capture pipe invert and rim elevations.
Structure Inspections Deliverable: All structures will be prioritized based on guidance from the National
Association of Sewer Service Companies (NASSCO) Manhole Assessment and Certification Program
(MACP) rating system.
A standard Inspection Report sheet will be provided for each structure including an Access database and
supporting photographs/3D image/point cloud.
Preliminary Pipe Survey / Zoom Camera Inspection
FEE: $93.50/EA for pole/zoom camera inspections
As part of the above ground structure inspections, crews will perform a visual survey of select pipes with a
pole mounted, zoom camera. The inspections range in distance based upon conditions; inspections are
limited by obstructions, poor pipe alignment, diameter, and other variables. Since pipes are inspected
from each end, an accurate preliminary assessment is provided. The inspection quickly identifies structural
and O&M defects within view. Digital video will be stored in the field and reviewed in the office.
PROPOSAL > LIL24004
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Each video will be reviewed and a quick condition score assigned based on NASSCO PACP
methodology. Quick scores will be based on the severity of visible structural and I/I defects and range
from 1 – 5; with 5 being the most severe.
Pipe Zoom Camera Inspection Deliverable: A spreadsheet will be prepared listing each pipe inspected
(both ends), pipe diameter, material, quick score, and any comments. The spreadsheet will contain a
hyperlink to each pipe video.
PHASE 2 – ENGINEERING CONCEPT + DESIGN PLANS
D4.10 CIP Prioritization + Operation & Maintenance (O&M) Plan:
FEE: $43,500 (lump sum)
A prioritization list relative to repairs needed based on current conditions will be provided. Based on
assessment and analysis of storm drainage, McAdams will develop a detailed prioritization of capital
improvement projects (CIP) for the Town to utilize for budgetary planning purposes.
Deliverables will include:
> Structural assessments of pipes, catch basins, and other storm structures within the area of interest;
> Opinions of Probable Construction Costs (OPCC) for necessary improvements;
> Development of scoring matrix based on structural conditions of pipe;
> Updating and revising of Stormwater Capital Improvement Plan, including prioritization development
and design criteria;
> Preliminary Engineering Report (PER) and draft product delivery, including preliminary exhibits and
schematic drawings; and
> Revisions and updates based on feedback from Town of Lillington.
In addition to CIP updates, a Stormwater O&M plan will be developed. The purpose of this O&M plan will
be to extend the life of the existing infrastructure and to optimize its existing operation.
Detailed tasks include:
> For components of the system that have significant trash and/or sediment accumulation, determine
the likely sources of that within the watershed and develop a plan to minimize those impacts to the
drainage system;
> Development of a routine inspection and maintenance schedule to assure the system operates at peak
efficiency;
> Identification of any sources of illicit discharge into the drainage system and potential corrective
action required;
> Assessment of the existing drainage system to determine areas of the existing system require
significant maintenance, repair or replacement; and
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> For areas requiring repair and/or replacement, consideration will be given to future conditions
flowrates within that system during design and whether drainage from adjacent overtaxed existing
systems can be diverted to the replacement system to extend the existing systems useful life and level
of service.
D4.20 Limited H+H Modeling:
FEE: $10,350 (lump sum)
To aid in decision-making for potential addition to CIP or O&M listing, McAdams will provide limited, high-
level hydrologic and hydraulic modeling efforts for select minor, tributary systems within Town. Locations
will be determined during field data collection, conditions assessment efforts, and through discussion with
Town staff. It is anticipated that analysis will be limited to closed (piped) systems only and will utilize data
and information collected through the asset inventory process for basic modeling analyses.
PHASE 3 – PUBLIC + STAKEHOLDER ENGAGEMENT
A4.40 Stormwater Advisory Group (SAG):
FEE: $22,800 (lump sum)
As part of the Stormwater Utility Fee effort, a Stormwater Advisory Group (SAG) will be created to aid in
the discussion and review of fee development phase. The public and stakeholder and engagement phase
will include the following efforts:
> Creation, selection, and recruitment of the citizen Stormwater Advisory Group (SAG) to inform the
process;
> Periodic meetings with SAG members to coordinate and inform the group on progress and action
items;
> Public meetings and presentations to the Town Commissioners on developments with the SAG,
process, and progress; and
> Presenting utility options to the public, the SAG, and elected officials
A4.50 Public Meetings (As Required):
FEE: $20,925 (lump sum)
This phase will include any additional, necessary meetings throughout the life-cycle of the project,
including:
> In person meetings with Town of Lillington (up to two in-person meetings assumed);
> Virtual meetings as required throughout the project (up to four virtual meetings included); and
> Miscellaneous Board of Commissioner meetings or other Town Stakeholder Meetings (up to two in-
person meetings assumed).
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PHASE 4 – STORMWATER UTIILTY ANALYSIS + LAUNCH
L4.30 Utility Fee Analysis + Launch:
FEE: $137,500 (lump sum)
For this phase, McAdams and its subconsultants will develop the key policy issues and goals for creation of
the stormwater utility.
This phase will include the following tasks:
> A feasibility study that analyzes current stormwater funding methods and needs, determines how a
utility fee may impact the Town’s residents and businesses, and compares Lillington’s stormwater
funding methods with peer communities of similar size and growth rates;
> Determination of capital needs from Asset Inventory/CIP and MS4 compliance;
> Determination of the level of service;
> Collection of built upon area (BUA) per parcel data;
> Establishment the Equivalent Residence Unit (ERU);
> Creation of the billing structure and method; and
> Creation and adoption of the stormwater utility ordinance.
D4.30 Utility Fee Engineering Support:
FEE: $41,420 (lump sum)
Additional engineering support will be provided during the Stormwater Utility Analysis + Launch phase,
including:
> GIS analyses for impervious area calculations and database creation, to support development of utility
fee; and
> Other general support for financial consultant providing utility deliverables.
EXTRA SERVICES
J. Additional Services:
When requested by the Client and confirmed by the Client and/or Firm in writing, the Firm shall perform
services in addition to those described above in this Agreement and the Client shall compensate the Firm
by hourly charges in accordance with the attached Rate Schedule.
K Reimbursables:
Valid expenses include reproduction, express delivery services, vehicular transportation at the rate
established by the Internal Revenue Service current at the time the travel occurs, parking fees, permit
fees, and postage fees with an anticipated total hourly not to exceed budget of $4,000. These expenses
may be paid by the Town of Lillington in addition to the fees listed above. Lodging costs are not
considered valid expenses.
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FEE SUMMARY
Our proposed fee for the scope of services described herein is $500,000 including reimbursables per the General
Services Agreement. Please refer to the attached fee summary for more information.
PROJECT SCHEDULE
The Firm’s services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the project. A schedule is to be mutually agreed upon between Client and Firm.
An estimated schedule has been included below. McAdams is proposing to complete all work within approximately
2-years of Notice to Proceed (NTP) from the Town of Lillington, with a target date of completion no later than July
2026. Reference the below schedule breakdown by major milestone. Milestone dates below are approximate and
shall be adjusted throughout the duration of the project based on any major changes to the scope of the project
and/or site conditions. A more detailed schedule will be completed upon NTP from the Town of Lillington with more
specific deadlines.
> Milestone 1: Project Kickoff, Work Planning, Scheduling, and Location Prioritization: +30-days from NTP
> Milestone 2: Pipe Cleaning/CCTV + Storm Structure Inspections/Field Data Collection: +60-days from
Milestone 1
> Milestone 3: Geodatabase Management + Dashboard Creation: +30-days from Milestone 2
> Milestone 4: Preliminary Asset Inspection + Assessment Results: +60-days from Milestone 3
> Milestone 5: Develop Preliminary O&M Plan: +45-days from Milestone 4
> Milestone 6: CIP Prioritization Development + Final Deliverables: +60-days from Milestone 5
> Milestone 7: Development of Stormwater Utility + Implementation Plan: +700-days from NTP
The time limits and schedule set forth above have been agreed to by the Client and Firm, but the time limits and
schedule shall be extended for (1) reasonable cause, or for (2) any delays associated with the Firm’s work on the
project that are not the sole responsibility of the Firm.
CLIENT RESPONSIBILITIES
Client shall be responsible for the following:
> Notification to proceed;
> Timely approval of sketches or other information presented for Client approval;
> Payment of invoices in accordance with GSA; and
> Notification to Firm of any problems, in accordance with GSA.
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EXCLUSIONS
The following services are not included in this Agreement:
> Any engineering or surveying service not specifically described above;
> Court appearances for litigation, or preparation for same; and
> Oversight and direction for vegetation clearing to facilitate evaluation of stormwater outfalls.
GENERAL CONDITIONS
> All terms and conditions shall be as defined under the General Services Agreement between the Town of
Lillington and McAdams
> This proposal is valid for 60 days from the above date.
> Reimbursable expenses will be billed in accordance with the attached Rate Schedule.
CONCLUSION
We appreciate this opportunity to propose our services on this project and look forward to continuing to serve the
Town of Lillington!
Sincerely,
MCADAMS
Chris Stanley, PE, CFM
Practice Lead, Capital Improvement Projects
CS/kt
Enclosures
ACCEPTANCE
By: Date:
Name:
Title:
TOWN OF LILLINGTON STORMWATER ASSET INVENTORY + ASSESSMENT / STORMWATER UTILITY ANALYSIS + LAUNCH
Date:August 8, 2024
Project Number:LIL24004.00
Project Summary:$500,000
TASK ID DESCRIPTION FEE FEE BASIS NOTES
A4.10 Field Data Collection $91,050 Lump Sum
A4.20 Geodatabase Creation + Mgmt $23,610 Lump Sum
A4.30 Condition Assessment + Support $27,300 Lump Sum
L4.20 Pipe Cleaning + CCTV + Inspections $77,545 Lump Sum
Subtotal $219,505
D4.10 CIP Prioritization + O&M Plan $43,500 Lump Sum
D4.20 Limited H+H Modeling $10,350 Lump Sum
Subtotal $53,850
A4.40 Stormwater Advisory Group (SAG)$22,800 Lump Sum
A4.50 Public Meetings (As Required)$20,925 Lump Sum
Subtotal $43,725
L4.30 Utility Fee Analysis + Launch $137,500 Lump Sum
D4.30 Utility Fee Engineering Support $41,420 Lump Sum
Subtotal $178,920
Reimbursables $4,000
$500,000
PHASE 1 - ASSET INVENTORY + CONDITION ASSESSMENT
ASSET INVENTORY + ASSESSMENT SUBTOTAL
PHASE 2 - ENGINEERING CONCEPT + DESIGN PLANS
PHASE 3 - PUBLIC + STAKEHOLDER ENGAGEMENT
PHASE 4 - STORMWATER UTILITY ANALYSIS + LAUNCH
HOURLY RATE SCHEDULE > 2024
REV 2024.01.01creating experiences through experience 1
1. Specifications for contract by hourly charge, the following rates apply
ROLE RATE
Chairman / President / Vice President $290 - 400 /hour
Principal $325 /hour
Director / Practice Lead $145 - 265 /hour
Technical Manager $135 - 240 /hour
Project Manager $150 - 230 /hour
Assistant Project Manager $120 - 175 /hour
Landscape Architect $140 - 230 /hour
Planner $110 - 190 /hour
Project Engineer $130 - 240 /hour
Graphics + Visualization $110 - 160 /hour
Designer / Analyst $100 - 200 /hour
Intern $55 - 100 /hour
Administrative Services $80 - 110 /hour
Construction Administration $100 - 155 /hour
Survey Technician $95 - 125 /hour
2 Man Survey Crew $155 - 175 /hour
3 Man Survey Crew $185 - 200 /hour
UAS LiDAR Crew $285 /hour
SUE Crew Member $55 - 115 /hour
Hourly services are recorded and rounded to the nearest 1/4 hour.
2. The following charges apply on all contracts, for copies of plans and specifications sent out of the
Engineer’s office (to Client, City regulatory agencies, bidders, contractor, other consultants, etc.):
ITEM FEE ITEM FEE
Oversize + Color Rep.$3.60 /each Oversize Mylar Sepia $24.00 /each
Paper Reproductions $2.40 /each Mylar Sepia $18.00 /each
Specifications $0.12 /each Paper Sepia $6.00 /each
3. The following rates are charged in addition to the above fees:
ITEM FEE
Fees Paid for Permits and Applications Cost Plus 10%
Outside Photocopying, Travel, Overnight Delivery, Postage for Mass Mailings Cost Plus 10%
Subcontractor Invoices Cost Plus 12.5%
4. Fees are subject to adjustment at the beginning of each calendar year.
5. Projects are billed on a monthly basis and invoices are due upon receipt. Invoices which have been not
been paid within 30 days are past due and subject to finance charges of 1.5% per month.
CLIENT’S INITIALS DATE
TOWN OF LILLINGTON > LIL22002.06
2100 South Tryon Street, Suite 400, Charlotte, NC 28203 / 704. 527. 0800 creating experiences through experience
August 8, 2024
Alicia Adams
Administrative Services Director
Town of Lillington
102 E Front Street
Lillington, North Carolina 27546
RE: Harnett Street Stormwater Improvements – Golden LEAF Project
Lillington, North Carolina
LIL22002.06
Dear Ms. Adams,
In conjunction with McAdams’ General Services Agreement (GSA) with the Town of Lillington, we are pleased to
offer this proposal for engineering services associated with Lillington’s Downtown Stormwater Improvements
Project.
PROJECT UNDERSTANDING
PROPOSED SCOPE AND PROJECT AREAS
We understand the Town has recently been awarded grant funding for Downtown stormwater improvements via
the Golden LEAF Foundation. These improvements are focused on drainage infrastructure along 8th Street to the
outfall of the system near the intersection with Harnett Street, as well as surrounding areas (including downtown
streetscape and revitalization efforts). This proposal is focused on development of construction drawings and
documents for implementation of proposed improvements in this area. Outlined below is our understanding of the
project and the detailed tasks associated with our overall project effort.
ASSUMPTIONS + EXCLUSIONS
This proposal is based on the following assumptions:
> Site survey will be provided by others (reference ‘Topographic Survey For: Lillington Downtown Block
Redevelopment Project’, dated 4-10-2024);
> It is assumed that this project will not require a Sediment and Erosion Control plan to be approved by NCDEQ;
> Project assumes no environmental remediation will be required and does not include a Phase I ESA;
> Any public notifications will be coordinated through the Town of Lillington; and
> Technical Specifications are intended to be based on latest versions from the Engineers Joint Contract
Documents Committee (EJCDC), NCDOT, and/or other preferred documentation provided by the Town of
Lillington.
TOWN OF LILLINGTON > LIL22002.06
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PROPOSED SERVICES + FEES:
We propose the following services for the project assessment as outlined above (alphanumeric task numbers are for
internal coding purposes):
A4.10 General Project Management + Administration:
FEE: $9,100
Work under this phase includes the following tasks:
> Project work plan development + kickoff meeting with Town staff;
> Project due diligence, records research, utility as-built information, site investigations, and likely
permitting requirements;
> Coordination with Downtown Revitalization Project consultant;
> Periodic project updates and status reports;
> General project management and administration throughout duration of contract; and
> McAdams will support and participate in regular meetings with the Town of Lillington and other
project stakeholders to maintain an orderly project that meets all expected outcomes.
A4.90 Private Utility Coordination and Pipe Conditions Assessment:
FEE: $4,500
> Notifications, coordination and up to three (3) meetings with private utility entities in the field to
discuss and coordinate project and any necessary utility relocations;
> Effort required for private utility relocation designs or alternatives; and
> Assess pipe conditions for storm drainage pipes below buildings and structures, including any
connections with building drainage, roof leaders, or inlet systems. Systems will be abandoned and
rerouted where possible as part of design.
D4.40 Design + Construction Documents:
FEE: $43,500
> Provide hydrologic and hydraulic assessment for the storm system and determine necessary pipe
sizes. Stormwater system within the right-of-way shall be designed to meet a 10-year design storm
Level of Service;
o This will include underground stormwater conveyance design for parking areas and from buildings
in the 8th/Front/Main/Harnett block;
> Provide preliminary (approximately 25% plan level) design drawings for most feasible alternative;
> Provide construction drawings, technical specifications, and special project provisions for selected
roadway and stormwater system replacement option including structural elements as required;
> Provide a traffic control and construction detour plans as necessary;
TOWN OF LILLINGTON > LIL22002.06
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> Provide design calculations and documentation for the relocation of utilities needed to install the
proposed storm drainage infrastructure;
> Coordinate with all public and private utility providers for proposed utility relocations; and
> Provide construction drawings and technical specifications for all utility relocations and construction
elements. Bid documents to generally follow Engineer’s Joint Contract Documents Committee (EJCDC)
standards. It is anticipated Technical Specifications will utilize NCDOT standards;
o Note: All proposed water and sanitary sewer work shall conform to the Town of Lillington’s Design
Standards.
Construction Documents, including plans and specs, will be provided at the 65%, 90% and 100% design
phases, along with updated estimates of construction costs for each submittal.
E4.40 Bid Phase Services:
FEE: $6,500
Prepare and finalize construction documents for bidding of project:
> In general, bid documents will include front ends, bid schedule of prices, technical specifications, and
any relevant special project provisions, for selected stormwater system replacement and construction
drawings suitable for procurement for construction bid estimates from contractors; and
> Assist Town with bid phase services including:
o Advertisement of project and bid solicitation;
o Assistance with answering contractor questions and issuance of bid addenda;
o Attendance at one (1) pre-bid conference;
o Assist with bid opening, tabulations, review and recommendation of award; and
o Prepare conformed contract documents after notice of award.
H4.20 Construction Oversight + Management Assistance:
FEE: $8,500
> Provide limited construction oversight and management services for the duration of the construction
contract for the project. These services include:
o Attendance at one (1) preconstruction meeting, either onsite, virtually, or at the Town’s offices;
o Provide onsite, part time construction oversight and inspection assistance sufficient to certify that
the work is in conformance with plans and specifications as well as to certify as-built construction
documents at the end of the project (assumes up to 30-hours total of field observation time
amongst consultant staff);
o Fulfill all duties as Client’s Representative in accordance with Article 10.01 of the EJCDC C-700
Standard General Contract;
o Review any pertinent shop drawings;
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o Assist with change order review, field directives and RFI responses;
o Assist with review of contractor’s pay applications;
o Participate, as needed, in Construction Progress Meetings;
o Perform final walkthrough and generate punchlist for Contractor in coordination with the Town of
Lillington;
> McAdams will provide as-built information to the Town in GIS and PDF format (red-lines and as-built
information to be provided by the Contractor); and
> Should construction duration change considerably or be extended due to delays from the Contractor,
McAdams would reserve the need to request additional services for any construction management
services and tasks.
Other support during the construction phase is available, and may be provided as requested, in
accordance with the hourly rate schedule in effect at the time of the work.
EXTRA SERVICES
J. Additional Services:
When requested by the Client and confirmed by the Client and/or Firm in writing, the Firm shall perform
services in addition to those described above in this Agreement and the Client shall compensate the Firm
by hourly charges in accordance with the attached Rate Schedule.
EXPENSES + REIMBURSABLES
Valid expenses include reproduction and express delivery service with an anticipated total hourly not to
exceed budget of $500. These expenses may be paid by the Town of Lillington in addition to the fees listed
above. Travel and lodging costs are not considered valid expenses. The Contractor shall submit invoices for
valid expenses with each payment request.
FEE SUMMARY
Our proposed fee for the scope of services described herein is $72,600 including reimbursables per the standard
design contract. Please refer to the attached fee summary for more information.
PROJECT SCHEDULE
The Firm’s services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the project. The following is the expected schedule for completion of work on this project:
schedule to be mutually agreed upon between Client and Firm.
The time limits and schedule set forth above have been agreed to by the Client and Firm, but the time limits and
schedule shall be extended for (1) reasonable cause, or for (2) any delays associated with the Firm’s work on the
project that are not the sole responsibility of the Firm.
TOWN OF LILLINGTON > LIL22002.06
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CLIENT RESPONSIBILITIES
Client shall be responsible for the following:
> Notification to proceed;
> Timely approval of sketches presented for stakeholder approval;
> Timely providing of information from other professional services (survey, existing studies, etc), as described
herein above;
> Payment of invoices in accordance with GSA; and
> Notification to Firm of any problems, in accordance with GSA.
EXCLUSIONS
The following services are not included in this Agreement:
> Any engineering or surveying service not specifically described above;
> Court appearances for litigation, or preparation for same; and
> Revised directives from Client after work has begun.
GENERAL CONDITIONS
> All terms and conditions shall be as defined under the General Services Agreement between the Town of
Lillington and McAdams.
> This proposal is valid for 60 days from the above date.
> Reimbursable expenses will be billed in accordance with the attached Rate Schedule.
> Client is responsible for all application and permit fees.
CONCLUSION
We appreciate this opportunity to propose our services for this important project and look forward to partnering
with the Town of Lillington in this work!
Sincerely,
MCADAMS
Chris M. Stanley, PE, CFM
CIP Practice Lead, Water Resources
CS/kt
Enclosures
TOWN OF LILLINGTON > LIL22002.06
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ACCEPTANCE
By: Date:
Name:
Title:
Date:August 8, 2024
Project Number:LIL22002.06
Project Summary:$72,600
TASK ID DESCRIPTION FEE FEE BASIS NOTES
A4.10 Project Administration, Coordination + Execution $9,100 Lump Sum
A4.90 Private Utility Coordination + Pipe Conditions Assessment $4,500 Lump Sum
D4.40 Final Design + Construction Documents $43,500 Lump Sum
E4.40 Bid Phase Services $6,500 Lump Sum
H4.40 Construction Phase Services $8,500 Lump Sum
$72,100
KK Reimbursables $500 Hourly
$500
$72,600Project TOTAL
Reimbursables
Reimbursables TOTAL
TOWN OF LILLINGTON DOWNTOWN STORMWATER IMPROVEMENTS
Design + Permitting TOTAL
Project Totals
HOURLY RATE SCHEDULE > 2024
REV 2024.01.01creating experiences through experience 1
1. Specifications for contract by hourly charge, the following rates apply
ROLE RATE
Chairman / President / Vice President $290 - 400 /hour
Principal $325 /hour
Director / Practice Lead $145 - 265 /hour
Technical Manager $135 - 240 /hour
Project Manager $150 - 230 /hour
Assistant Project Manager $120 - 175 /hour
Landscape Architect $140 - 230 /hour
Planner $110 - 190 /hour
Project Engineer $130 - 240 /hour
Graphics + Visualization $110 - 160 /hour
Designer / Analyst $100 - 200 /hour
Intern $55 - 100 /hour
Administrative Services $80 - 110 /hour
Construction Administration $100 - 155 /hour
Survey Technician $95 - 125 /hour
2 Man Survey Crew $155 - 175 /hour
3 Man Survey Crew $185 - 200 /hour
UAS LiDAR Crew $285 /hour
SUE Crew Member $55 - 115 /hour
Hourly services are recorded and rounded to the nearest 1/4 hour.
2. The following charges apply on all contracts, for copies of plans and specifications sent out of the
Engineer’s office (to Client, City regulatory agencies, bidders, contractor, other consultants, etc.):
ITEM FEE ITEM FEE
Oversize + Color Rep.$3.60 /each Oversize Mylar Sepia $24.00 /each
Paper Reproductions $2.40 /each Mylar Sepia $18.00 /each
Specifications $0.12 /each Paper Sepia $6.00 /each
3. The following rates are charged in addition to the above fees:
ITEM FEE
Fees Paid for Permits and Applications Cost Plus 10%
Outside Photocopying, Travel, Overnight Delivery, Postage for Mass Mailings Cost Plus 10%
Subcontractor Invoices Cost Plus 12.5%
4. Fees are subject to adjustment at the beginning of each calendar year.
5. Projects are billed on a monthly basis and invoices are due upon receipt. Invoices which have been not
been paid within 30 days are past due and subject to finance charges of 1.5% per month.
CLIENT’S INITIALS DATE
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org
ORDINANCE FY2025-01 BUDGET ORDINANCE AMENDMENT
FISCAL YEAR 2024-2025
#1
BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that the
following amendment is made to the budget ordinance for the period ending June 30, 2025:
Section 1. To amend the General, Powell and Water/Sewer Funds, the revenues and expenditures
are to be changed as follows:
Account Number Description Increase Decrease
10-00-410-6512 Transfer to
Stormwater Project $ 250,000
10-00-410-0400 Professional Services $25,000
10-00-399-0000 Fund Balance $ 275,000
To budget funds for the Town’s portion of the Golden Leaf grant awarded for the Harnett Street
Storm Drainage Improvement Project; Byrd Property Environmental Analysis.
Section 2. Copies of this budget amendment shall be furnished to the Governing Body, Budget
Officer, Clerk and the Finance Director for their direction.
Adopted this 13th day of August, 2024
__________________________ Glenn McFadden, Mayor
Attest:
__________________________
Lindsey B. Lucas, Town Clerk
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org
ORDINANCE FY 2025-02
GOLDEN LEAF HARNETT STREET ST0RM DRAINAGE IMPROVEMENT GRANT PROJECT ORDINANCE
BE IT ORDAINED by the Governing Board of the Town of Lillington, North Carolina
that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the
following capital project ordinance is hereby adopted:
Section 1. The Town of Lillington desires to construct storm drainage improvements
including removal and replacement of existing storm drainage pipe, ranging from 15” RCP to
30” RCP, and removal and replacement of storm drainage structures, including catch basins,
drop-inlets, storm drainage manholes, and storm drainage headwalls. The proposed storm
drainage infrastructure will effectively capture storm runoff, convey stormwater efficiently
inside public right-of-way, and increase the level of service of the storm drainage system. In
addition, private storm drainage infrastructure would be relocated to the Town Right-of-Way
to allow for easier access for future maintenance and inspections.
Section 2. The officers of the Town are hereby directed to proceed with the construction
of this project.
Section 3. The following amounts are appropriated for the project:
Pre-Construction/Engineering $ 200,000
Construction $ 1,100,000
Total Expenditure $ 1,300,000
Section 4. The following revenues are anticipated to be available for this project to be
reimbursed when funding is received:
Transfer from General Fund $ 250,000
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org
Golden Leaf Grant $ 1,050,000
Total Revenue $ 1,3000,000
Section 5. Copies of this capital project ordinance shall be furnished to the Clerk to the
Governing Board and the Finance Officer for direction in carrying out this project.
Adopted this 13th day of August, 2024
________________________________
Glenn McFadden, Mayor
Attest:
_____________________________
Lindsey B. Lucas, Town Clerk
Jim Foster
Solutions Specialist
Harris Local Government
2017 East Main Street
Easley SC 29640
Phone: 347-370-4341
Email: bculbertson@harrislocalgov.com
Contract# JF-TL80124
August 1st, 2024
Ms. Alicia Adams
Administrative Services Director
Town of Lillington,
106 W Front Street,
PO Box 296, Lillington,
North Carolina 27546-0296
Dear Alicia,
Harris Local Government is pleased to provide the Town of Lillington with the following
proposal for SmartFusion Integrated Financial Suite. Harris Local Government’s
SmartFusion software gives you proven, easy to use tools to make your organization more
efficient and productive.
SmartFusion SAAS will allow the Town of Lillington’s staff to access and process the data
records of the citizens of Lillington in a more timely and flexible manner. Should you chose
this option Harris’s SAA Cloud Service the staff can access through proper security data from
the Town Hall as well as remote locations offering flexibility in work scheduling. The secure
storage of the citizen’s data on our Cloud Sever will eliminate the need for costly periodic
replacement of in-house hardware and the costs of on-going maintenance and update of the
Operating System of that hardware.
The many new features within each of the program modules such as attaching scanned
documents to customer utility accounts, location of customer utility accounts thru Google
Maps, the ability to email utility bills or account activity printouts to utility customers, attaching
scanned invoices to vendor records and making e-payments to vendors, the atomization of
the Bank Reconciliation process, the ability of each user to customize screen views and save
“favorite” reports and queries are just a few of the new features that will allow the Town’s
staff to reduce paper work and storage of needed documents and to better serve the citizens
of Lillington.
Thank you for your interest in Harris Local Government. Should you have any questions, please
feel free to call or email me at any time.
Sincerely,
Jim Foster
Solutions Specialist
Harris Local Government
Harris Local Government Means Choice, Expertise & Relationship. Page 1
Harris Local Government Means Choice, Expertise & Relationship. Page 2
SmartFusion Summary
SmartFusion is a flexible, intuitive, and powerful software suite designed to efficiently manage
your organization’s diverse needs. Built on the concept that scalability and usability are crucial
features, SmartFusion features over 28 modules and add-ons to choose from. Which means we
can tailor the software to meet the critical demands of your organization while also leaving room
for potential future growth and change.
SmartFusion’s core features can be categorized into five different groups of modules and tools.
Each group focusing on specific roles and demands of your organization.
Financial Management
SmartFusion’s Financial Management tools provide advanced solutions for
managing every aspect of your organization’s financial demands. These powerful
financial tools give you the ability to have granular control of your organization
finances— from managing the general ledger to preparing advanced reporting for
audits.
Payroll & HR
SmartFusion’s Payroll and Human Resources suite provides the resources to
manage all phases of the employee life cycle. Including tools to manage payroll,
employee information, and benefits. Our integrated solution provides a
comprehensive view of your workforce and resources to manage all the personnel
and financial requirements for your employees.
Billing & Revenues
SmartFusion’s Billing & Revenue suite contains all the tools you need to effectively
manage your organization’s citizen services. Collect payments for utilities and
taxes, set up online payment portals, and manage your business
licensing/permitting and accounts receivable all in one place.
Community Development
The Community Development suite automates common processes and allows your
employees, customers, and citizens to easily apply for and manage services online
or through the mobile app. The solution is built specifically to improve core
business processes, boost productivity, and build civic engagement between your
organizations and the community you serve.
Document Management
Document Management allows you to streamline how your organization captures,
organizes, and manages important electronic documents and media. It uses cloud-
based technology to easily scan, track, and store the essential information that
keeps your organization running smoothly.
Choosing SmartFusion is a commitment to increasing your organization's productivity, finding
modern solutions to persistent problems, and building a partnership with a trusted and stable
vendor.
Harris Local Government Means Choice, Expertise & Relationship. Page 3
Schedule “A”
Fees and Payment Schedule
Payment Terms Contract# JF-TL80124
SAAS Solutions per Schedule “C” of this Agreement
Annual Recurring Fees (includes support services) Amount
Software Annual Subscription Fee $33,866
Professional Services: One Time Initial Set-up Fees Amount
Professional Services provided per Schedule “C” of this Agreement. $63,302
* All charges are exclusive of out-of-pocket expenses for Professional Services performed.
Charges for actual and reasonable out-of-pocket expenses including, but not limited to, travel
and lodging expenses will be billed monthly as incurred. All pricing is exclusive of applicable
sales, use or similar taxes. Customer is responsible for any such taxes that may apply; if
Customer is tax exempt, evidence of such tax exemption must be provided. Lapsed payments
may lead to denial of access to the Service in accordance with Section 16(b)(ii) of the
Agreement.
PAYMENT TERMS:
Professional Services Fees stated above will be invoiced 50% upon contract execution and the
remaining 50% upon completion of task items. The Annual Subscription Fee will be invoiced upon
go-live. The Annual Subscription Fee will be due in advance annually through Initial term and
each Renewal Term and is non-refundable.
The initial SAAS amount will be billed at the start of ‘Training and Data Validation
Phase’, which represents the start of services and the ability to obtain support. Initial SAAS will be
calculated at a monthly rate, based on contracted annual SAAS. Annual SAAS will be invoiced at ‘Go-
Live’. Payment is due upon receipt of invoice.
Any additional Professional Services Fees agreed to by both parties, and any applicable travel
and lodging expenses, will be invoiced as incurred and shall be due and payable thirty (30) days
from the date of invoice.
ADDITIONAL PROFESSIONAL SERVICE(S) FEES:
i. Additional professional services are available on-site or virtually. Virtual work is billed at
$195.00 per hour and $140.00 per hour for data conversion work. On-site work is billed at
$1,365.00 per day plus travel, travel time, lodging and per diem expenses. Work performed
one year or more from the date of this agreement will be billed at the then current Harris rates.
Help line support does not include training. New employees must be trained by Purchaser or
by making arrangements with Harris.
Out of Scope Services:
Create or Modify Chart of Accounts or Data Table Headers.
Data Extraction from a Non-Supported System (either Harris or 3rd party).
Data “clean up” or data correction during the conversion process.
Communication & Coordination with 3rd Party Data Management Entities.
Additional equipment.
Accommodation for any 3rd party software or manual processes.
Harris Local Government Means Choice, Expertise & Relationship. Page 4
Additional client identified Reports and / or Queries.
Changes to print programs.
Software Modifications or Customizations including accommodation of Existing
Software.
Additional Billables Indicators:
If turnover of any key user happens between Initial Training and Final Go Live.
Rescheduling Training with less than 24 hours’ notice.
Failure to demonstrate proficiency on the Harris-supplied training kits which are provided
after Initial Training.
Rescheduling Go Live Dates any time after the initial conversion.
Delay in stakeholder input.
Initial Data and Final Data not provided in the same format.
The project scope for data master and conversions assumes that a schema or field map
will be available. The lack of this key information will result in the need to re-scope based
on the provided data files and may result in additional cost
In the event, Purchaser wishes to schedule any professional services on a Saturday; there is a
$250.00 surcharge. Application consulting and setup services may include but are not limited to:
software installation, configuration, data validation, system setup, system balancing, interface
setup, interface testing, process training, application training and business requirements
gathering.
Scheduling: Harris will use its best efforts to select a mutually agreeable date for services.
Cancellation or rescheduling of services must be done five business days or one calendar week
prior to scheduled service date. A five hundred-dollar ($500.00) cancellation fee will be assessed
for cancellations/rescheduling done outside of the time frame specified.
Additional Professional Services may include, but are not limited to, the following: software
installation, configuration, data validation, system setup, system balancing, interface setup,
interface testing, process training, application training and business requirements gathering.
Harris Local Government Means Choice, Expertise & Relationship. Page 5
Schedule “C”
Proposal Pricing
Contract# JF-TL80124
This understanding between Town of Lillington, 106 W Front Street PO Box 296, Lillington,
North Carolina 27546-0296 ("Purchaser") and Computer Software Innovations Inc. at 2017
East Main Street, Easley, SC 29640 ("Harris") confirms the purchase of the following licensed
software products and/or services:
Description Quantity Extended Cost
Professional Services:
Project Management 1 3,000.00
Implementation, Consulting, Data Review 1 15,925.00
Installation 1 2,500.00
Concierge Service 30 days post go-live 1 -
Data Conversion - Ledger Master File 1 3,300.00
Data Conversion - Ledger History File 1 2,700.00
Data Conversion - Vendor Master File 1 3,300.00
Data Conversion - Acct Payable Check History 1 2,700.00
Data Conversion - Utility Billing Master File 1 7,800.00
Data Conversion - Utility Billing History File 1 6,800.00
Data Conversion - Fixed Asset Master 1 2,100.00
Data Conversion - Budget Master 1 1,575.00
Bank/Check Reconciliation Master File Setup 1 1,575.00
Data Conversion - Open Purchase Orders 1 1,050.00
Data Conversion - Payroll Master 1 3,150.00
Data Conversion -Payroll History 1 2,677.00
Data Conversion - ICS Misc. Receipts Master 1 975.00
Data Conversion - ICS Misc. Receipts History 1 975.00
MGH Installation/Config/Training 1 1,600.00
MGH Discount 1 (400.00)
==========
$63,302
SmartFusion SAAS:
System Manager 1
Accounts Payable System 1
Purchase Order Sysem 1
Fund Ledger System 1
Budgeting Preparation System 1
Accounts Receivable 1
Bank Check Reconcilation System 1
Fixed Assets 1
Cash Collection System 1
Utility Billing System 1
Utility Billing Work Order System 1
MyGovHub - UB 1
MyGovHub - eBill Notification 1
Gemini Data Backup & Recovery 1
Technical Service Support Contract (IT Support)1
Custom UB HH type to be ed with Meter transponders ICSUB-463 1
===========
$33,866
==========
$97,168
cost and Annual Software License cost)
Annual SAAS Total:(replaces current Annual Software Maintenance)
Subtotal for Professional Services:
TOWN OF LILLINGTON
Upgrade to SmartFusion Software Version
Date: August 1, 2024
TOTAL NET PRICE FOR PROJECT:
(Total first year Net includes one time Professional Services
Harris Local Government Means Choice, Expertise & Relationship. Page 6
Software Subscription Agreement
This Software Subscription Agreement (the “Agreement”), is entered into on the date the
Agreement is signed (the “Effective Date”) by and between Town of Lillington, 106 W Front
Street PO Box 296, Lillington, North Carolina 27546-0296 and Computer Software
Innovations Inc. at 2017 East Main Street, Easley, SC 29640 ("Harris").
NOW THEREFORE, in consideration of the mutual covenants and obligations contained here
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Definitions
“Software Applications” are the computer programs explicitly listed above in the section titled
“Software Products” and those indicated using initials by the Purchaser in the section title
“Software Options”.
2. Authorization
The parties agree that execution of the Statement of Work which shall detail Harris installation
and implementation services for the Software is a condition precedent to the effectiveness of this
Agreement and that the Statement of Work shall be entered into no later than
contemporaneously with the execution of this Agreement. Subject to the terms and conditions
of this Agreement, including without limitation, payment by Customer of the Professional
Services Fees required for set-up and the Annual Subscription Fees, Harris hereby grants to
Customer a personal, non-exclusive, non-transferable limited right during the Term (a) to allow
Users to access and use the Services on an annual subscription basis and in accordance with
the Documentation solely for Customer’s internal business purposes; and (b) to use, copy and
modify the Documentation solely for the purpose of creating and using internal training materials
relating to the Services. Included with the SAAS fees are maintenance and support services
include all program updates, enhancements, and general releases that Harris makes available
to the Purchaser as part of its regular software maintenance program. MSF does not include
Harris services that may be necessary to perform a third-party license upgrade. The agreement
also includes access to the Harris support hot line. Following three (3) year price lock from go-
live Harris reserves the right to change SAAS fees with notification ninety (90) days prior to any
renewal term)
3. Fees; Travel and Lodging Expenses
Travel and lodging expenses will be billed in conjunction with any services work performed at the
Purchaser’s offices by Harris personnel. Lodging expenses will include hotel expenses and will
only be charged if an employee is required to spend the evening. Travel expenses may include
airfare if the employee is required to travel by air to reach the Purchaser’s offices. Travel may
include the cost of a rental car. If an employee uses his/her personal vehicle, mileage will be
charged at the currently published IRS reimbursement rate. Travel time will be charged for all
onsite work at a rate of three hundred dollars ($300.00) for up to three days and six hundred
dollars ($600.00) for four days or more onsite. When an employee is at or traveling to the
Purchaser’s offices, fifty-five dollars ($65.00) per day will be charged to cover meals and
incidentals. If an employee must travel on Saturday, Sunday, or a holiday, or is at the purchaser’s
office on a holiday, one hundred-ten dollars ($130.00) per day will be charged to cover meals and
incidentals.
Harris will use its best efforts to minimize all travel and lodging expenses. Only actual travel and
lodging expenses will be billed to the Purchaser.
Harris Local Government Means Choice, Expertise & Relationship. Page 7
4. Term
Unless terminated earlier in accordance with the terms hereof, this Agreement shall commence
on the Effective Date and shall continue for a period of three (3) years from the date that the
initial Software Services listed in Schedule “A” are installed and configured in Harris’ hosted
environment with evidence of such installation and configuration being the issuance of an invoice
by Harris to Customer for the applicable Fees (the "Initial Term"). After the Initial Term, the
Agreement shall be automatically renewed for successive one (1) year periods (each a "Renewal
Term") subject to Harris then-current price structure unless either party provides written notice
to the other party of its intention not to renew not less than one hundred and twenty (120) days
of the end of the then current term. The Initial Term and Renewal Term(s) shall collectively be
referred to as the “Term”.
5. Restrictions on Use
(a) Customer may not give away, rent, lease or otherwise sell, re-sell, sublicense, distribute
or transfer the license rights granted under this Agreement or otherwise use the Services
except as expressly permitted by this Agreement without the prior written consent of
Harris.
(b) Customer agrees that it will not reverse engineer, decompile, translate, or otherwise
attempt to derive, or permit or help others to derive the source code relating to all or any
part of the Software or Services, or attempt to otherwise convert or alter the Software or
Services into human readable code, except to the extent applicable law expressly prohibits
the foregoing restriction.
(c) Customer may duplicate Documentation, at no additional charge, for Customer's internal
use so long as all required proprietary markings are retained on all duplicated copies.
(d) No third party, other than duly authorized agents or employees of Customer authorized
pursuant to Section 2 hereunder, shall have access to or use of the Software Services.
(e) Customer shall not copy, frame, or mirror any part or content of the Services, other than
copying or framing on Customer’s own intranets or otherwise for Customer’s own internal
business purposes.
(f) Customer shall not access the Services in order to (i) build a competitive product or
service; (ii) copy any ideas, features, functionality, or graphics of the Software; or (iii)
knowingly allow access to any competitor of Harris.
(g) The Customer shall not transmit, upload, post, distribute, store or otherwise publish,
through use of the Services, any data, material or Information that: (i) contains a software
virus, Trojan horse, worm or other harmful or deleterious computer code, files or programs
that may adversely affect any hardware or software, or that intercepts or misappropriates
any data or information; (ii) is threatening, defamatory, libelous, harassing, profane, is an
invasion of privacy, offensive, obscene or harmful; (iii) infringes or otherwise violates any
patent, copyright, trademark, trade secret or other intellectual property or proprietary right
of any third party; (iv) violates any law, statute, ordinance or regulation; or (v) includes
unsolicited bulk e-mails, advertisements or solicitations.
(h) Customer shall not interfere with, attempt to gain unauthorized access to, work around
any technical limitations in the Services that only allow Customer to use it in certain ways,
Harris Local Government Means Choice, Expertise & Relationship. Page 8
or disrupt any device, network, account, data, the Services, or networks connected to the
system used to provide the Services, or use the Services in any way that would provide
harm to it or impair anyone else’s use of it, and Customer may not download or otherwise
remove copies of software or source code from the Service except as explicitly authorized.
(i) Customer shall not use the Services in any situation where failure of the Services could
lead to death or serious bodily injury to any person, or to severe physical or environmental
damage.
(j) Customer shall not provide the results of using the Services for the purposes of monitoring
its availability, performance, functionality, benchmarking, or competitive analysis to any
third party.
(k) Customer shall not assist or encourage anyone to do any of the above.
(l) In addition to its termination rights under Section 12, Harris may restrict or limit Customer’s
access to the Services if Harris reasonably determines that Customer has engaged in or
is likely to engage in (whether knowingly or unknowingly) any prohibited conduct described
herein and such conduct, in Harris’ reasonable opinion poses any risk of any kind or nature
to Harris or its service providers’ network, business or other customers. As promptly as
practicable after becoming aware of Customer’s engagement in any such prohibited
conduct, Harris will use reasonable efforts to notify Customer of the restriction or limitation
to Customer’s access to the Services unless Harris believes that an immediate suspension
is required and will promptly restore Customer’s access after Harris has had reasonable
assurance that such conduct has been permanently discontinued. In addition to and
without limiting the foregoing, Harris reserves the right to refuse to post or to remove in
whole or in part any information or materials provided or submitted by or on behalf of
Customer in connection with its use of the Services that Harris determines, in its
reasonable discretion, are either in violation of this Agreement or pose any risk of any kind
or nature to Harris or its service provider’s network, business or other customers.
6. Services Availability
(a) Harris shall provide all facilities, equipment, and software required to make the Software
Services available.
(b) Harris shall use commercially reasonable efforts to make the Software Services available
to Users twenty-four (24) hours per day, seven (7) days per week; subject to the terms
further defined in Schedule “B”.
(c) Harris reserves the right to have additional User acceptance criteria that may be applied
to Users prior to their ability to have access to the Software Services. Harris shall inform
Customer of such criteria, but CSWI shall be free to implement such criteria at any time
without prior written warning to the Customer and/or to Users. Where Users do not accept
such and/or agree to such criteria, Harris reserves its rights to not grant to such Users
access to the Software Services. Harris reserves its rights to restrict access to the
Software Services to Users for any violation of any additional terms and conditions to
which such Users accept/agree to access the Software Services.
(d) Harris shall provide installation, configuration, system administration and maintenance of
the facilities and equipment and software required to operate and ensure availability of the
Harris Local Government Means Choice, Expertise & Relationship. Page 9
Software Services. Customer, not Harris, shall be responsible for creating and
maintaining all User account information and for performing all other application-level
system administration functions that are available within the Software Services.
(e) Harris shall comply with the terms and conditions regarding access and use of Data as
set out in Section 14 of this Agreement.
(f) Customer acknowledges that in order to provide the Services Harris may be required to
purchase access to Third Party Components. Customer further acknowledges that the
availability of such Third-Party Components is based solely on the best information
available to Harris and its service providers as of the Effective Date including third party
representations and government regulations and is subject to change during the Term
with little or no advance notice. If any necessary Third Party Components are determined
by Harris to be unavailable as a result of changes to any third party availability,
governmental regulations or other condition or circumstance outside of Harris’ control,
then (a) Harris shall not be in breach hereof or otherwise liable for any failure or inability
to provide the Services as a result of such unavailability of any Third Party Components;
and (b) Harris may in its sole discretion modify, change or replace the applicable Third
Party Components and otherwise attempt to mitigate the impact of the such unavailability
of Third Party Components, subject to the right of Customer to terminate set out in Section
12. If any of the terms and conditions of Harris’ agreement with its Third-Party service
provider or any other provider or licensor of Third-Party Components are modified by such
provider, Harris may modify the terms and conditions of this Agreement effective
immediately upon written notice to Customer, subject to the right of Customer to terminate
set out in Section 12.
7. Customer Responsibilities
a. Co-operation by Purchaser: The Purchaser acknowledges that the success and timeliness
of the implementation process shall require the active participation and collaboration of
the Purchaser and its staff and agrees to act reasonably and cooperate fully with the
Consultant to achieve the Completion of Services.
a. Required Programs: The Purchaser acknowledges that if the use of the Software requires
that the Purchaser obtain and install additional software programs, then the Purchaser
agrees that the acquisition of the additional software programs shall be at its sole cost and
that the cost thereof is not included in the fees herein. The Purchaser further
acknowledges that the operation of the Software requires the Purchaser’s hardware to be
of sufficient quality, condition and repair, and the Purchaser agrees to maintain its
hardware in the appropriate quality, condition and repair at its sole cost and expense, in
order to facilitate the achievement of Completion of Services.
(a) Project Manager: The Purchaser shall appoint a project manager who shall work closely
with Harris Staff to facilitate the successful completion of the implementation process and
who shall be responsible for supervising the staff of the Purchaser and their co-operation
with and participation in such process.
HARRIS DOES NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY, AND
NON-CORRUPTION OF ANY INFORMATION TRANSMITTED OR STORED IN ANY
SYSTEM CONNECTED TO THE INTERNET. WE SHALL NOT BE RESPONSIBLE FOR
ANY ADVERSE CONSEQUENCES WHATSOEVER OF CUSTOMER’S OR ITS USERS’
CONNECTION TO OR USE OF THE INTERNET, AND HARRIS SHALL NOT BE
Harris Local Government Means Choice, Expertise & Relationship. Page 10
RESPONSIBLE FOR ANY USE BY CUSTOMER OR ANY USER OF CUSTOMER’S
INTERNET CONNECTION IN VIOLATION OF ANY LAW, RULE, OR REGULATION.
(b) Third Party Components; Required Third Party Software. Customer agrees to comply
with and be bound by the additional terms and conditions applicable to the Third-Party
Components set out in Schedule “D” to this Agreement.
8. Professional Services, Support Services, & Data Conversions
(a) Professional Services. Professional Services shall be provided to Customer in
accordance with and subject to the terms and conditions set out in the Statement of Work
and service order issued by Harris, which Statement of Work and service order shall
reference and be governed by this Agreement.
(b) Manner of Performance. Harris shall perform the Professional Services in an efficient,
competent, and timely manner and exercise reasonable care, skill, and diligence in the
performance thereof. Harris shall determine in its sole discretion the manner and means
by which the Professional Services shall be performed, with due consideration of adequate
knowledge transfer to Customer personnel. Harris will communicate openly with
Customer in its methodology, manner and means.
(c) Conduct on Customer’s Premises. In the event that Harris is required to perform
Professional Services on Customer’s premises, any such Professional Services shall be
performed with Customer’s full co-operation and on the premises of Customer or, if agreed
to by both parties, at an alternate location. Harris agrees that, while working on
Customer’s premises, each of its employees shall observe Customer’s rules and policies
provided to Harris in writing relating to conduct thereon.
(d) Data Conversions. Harris may offer data conversion services for the purpose of
migrating existing Customer data to a format usable by the Software and Services. The
success of the data conversion effort is largely based on the format and quality of the
Customer provided data. Unless otherwise indicated, converted data is strictly limited to
non-dollar amounts and typically includes information such as names, addresses, and
phone numbers. Only information explicitly listed in this Agreement will be converted. In
certain instances, initial cost estimates for a data conversion may have been included in
a Professional Services pricing proposal. Unless specifically included in this Agreement
as part of Schedule “A” and “C”, said cost estimates, and all prior data conversion cost
estimates, are not binding nor are they incorporated into this Agreement. Accordingly,
Harris shall notify Customer of the final data conversion fees and costs after the Customer
provided sample data is examined by Harris to verify existing Customer data formats and
data integrity; but before data conversion efforts are commenced. In such event, and upon
receipt by Harris of notice in writing from Customer that said data conversion fees are
acceptable, such data conversion fees (Data Conversion Fees) shall be in addition to all
fees currently stated in this Agreement.
Any costs associated with obtaining the data from an existing Customer vendor are the
responsibility of the Customer. Sample data shall be provided in standard fixed length
format with ASCII display characters only. Data must be on a media format readable by
Harris. File layouts must include: record size, field length, field starting and ending points,
field name, field type, data field description. Our acceptable file formats are listed below:
Harris Local Government Means Choice, Expertise & Relationship. Page 11
a. Microsoft SQL Server database
b. Microsoft Access database
c. Visual FoxPro/DBase (DBC/DBF)
d. Excel Spreadsheets - with flat data (one record per row/CSV)
e. Delimited ASCII files (pipe "|" delimited preferred)
Wherever possible, the data extraction shall be done twice. The first extraction is to test
and create the conversion tools. The second extraction is done when the implementation
is ready to go live.
60 Day Integrity Window - it is our goal to get your data right, thus you as a client have 60
days from the first day of their Go Live to review data for any discrepancies. Items not
contained within their source data are excluded. All items found after this 60-day window
will be changed at a minimum charge of $350.00.
In the event a data re-conversion is required, for whatever reason, Customer will be billed
at the Professional Services Fee rate set out in Schedule “A” to this Agreement.
9. Warranty and Warranty Disclaimer
(a) Limited Warranty. Harris warrants to Customer that when used in accordance with this
Agreement the Services shall be performed during the Term at the service level
availability; and the Software shall function substantially in accordance with the
specifications; as stated in Harris’ online documentation provided to Customer, provided
that all use of the Services is for the purposes and in the environment for which they were
designed and in accordance with such specifications and this Agreement. Harris and its
service providers’ sole obligation Customer’s sole remedy in the event the Services do not
conform to the foregoing limited warranty is for Harris to use commercially reasonable
efforts to correct such non-conformance and the right to terminate this Agreement in
accordance with Section 12.
(b) Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT
FOR THE EXPRESS LIMITED WARRANTIES SET OUT IN SECTION 9(A), THE
SERVICES, THE SOFTWARE, THE PROFESSIONAL SERVICES, THE SUPPORT
SERVICES, AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS
AGREEMENT ARE PROVIDED TO CUSTOMER “AS IS” AND THERE ARE NO OTHER
WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED,
WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF
DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER
PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION
HEREWITH.
Harris, ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS DISCLAIM ANY
IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE
SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS,
SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION
HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE
QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT.
Harris Local Government Means Choice, Expertise & Relationship. Page 12
HARRIS AND ITS SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR
WARRANT THAT THE SERVICES, OR THE SOFTWARE SHALL OPERATE ERROR
FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF CUSTOMER’S
PARTICULAR REQUIREMENTS, THAT ALL ERRORS OR DEFECTS IN THE
SERVICES, OR SOFTWARE CAN BE FOUND OR CORRECTED.
WITHOUT LIMITING THE FOREGOING, CSWI AND ITS SERVICE PROVIDERS AND
LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES
WHATSOEVER WITH REGARD TO PRODUCTS OR SERVICES FROM THIRD
PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD PARTY COMPONENTS,
THE HARDWARE, THIRD PARTY TELECOMMUNICATIONS PROVIDERS, THE
OPERATION OF THE INTERNET, NETWORK OR OTHER COMMUNICATION
SERVICES) AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO
THE FOREGOING OR THE APPROPRIATENESS OF YOUR DATA MANAGEMENT
SYSTEM OR THE ACCURACY OF DATA CONTAINED IN SUCH SYSTEM.
NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET
FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN
WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF CSWI.
10. Limitations on Liability
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES
THAT THE ENTIRE LIABILITY OF HARRIS AND ITS SERVICE PROVIDERS, AND
CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES, THE
SOFTWARE, THE PROFESSIONAL SERVICES, THE SUPPORT SERVICES, AND ANY
OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY CSWI IN CONNECTION
WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL
BREACH OR NEGLIGENCE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND
SHALL NOT EXCEED IN THE AGGREGATE THE ANNUAL SUBSCRIPTION FEES PAID BY
CUSTOMER TO CSWI UNDER THIS AGREEMENT DURING THE THEN-CURRENT TERM
(NOT TO EXCEED TWELVE MONTHS).
CUSTOMER FURTHER AGREES THAT IN NO EVENT SHALL CSWI OR ITS SERVICE
PROVIDERS BE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE, FOR
ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS,
LOSS OF REVENUE, FAILURE TO REALIZE ANTICIPATED SAVINGS, LOST OR
DAMAGED DATA, LOSS OF GOODWILL, BUSINESS OPPORTUNITIES OR REPUTATION,
OR ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR
DAMAGES, OR SUCH LOSSES OR DAMAGES ARE FORESEEABLE.
11. Change Order Process
With respect to any proposed changes to the Professional Services defined by this Agreement,
the parties will cooperate in good faith to execute Change Orders in respect thereof and will not
unreasonably withhold approval of such proposed changes. If either party causes or requests a
Harris Local Government Means Choice, Expertise & Relationship. Page 13
change in the allocation of the resources of Harris applied to a task, changes in completion
schedules for individual tasks or for overall implementation, and changes in staffing that require
Harris to provide additional work hours, Harris may propose a change to cover the additional
work effort required of it. Approval of any such proposed changes will not be unreasonably
withheld (it being acknowledged that any such material changes may require modifications to
the consideration paid, and timelines governing the Professional Services), and any disputes
regarding changes shall be handled initially by discussions between the parties which will be
convened in good faith by the parties to resolve any such matters in dispute.
The following individuals are authorized to sign off on Change Orders on the Customer's
behalf:
Name: ________________________________________
Title: __________________________________________
Name: ________________________________________
Title: __________________________________________
The following individuals are authorized to sign off on change orders on Harris’s behalf:
1. Kerry Wilson – Project Manager Professional Services
2. Sakura Gibson – Manager Professional Services
3. Jason Kelly – Director Professional Services
12. Cancellations and Termination
In the event of cancellation of the Agreement by either party for any reason, Purchaser agrees to
pay for all Software Applications delivered, any Professional Services rendered, and T&L
expenses incurred prior to the cancellation. Initial down payment of deposit is non-refundable.
Purchaser must provide written notification to Harris if it wishes to cancel the Agreement.
Cancellation of any on-site Services by Purchaser is allowed for any reason if done in writing
more than fourteen (14) days in advance of such Services. Cancellation by Purchaser with
fourteen (14) days or less of scheduled on-site Services will be billed at fifty percent (50%) of the
on-site fee, plus any non-recoverable costs incurred by Harris due to advance scheduling of
travel. Additionally, Purchaser hereby acknowledges that cancellation of on-site Services means
that such on-site Services will be rescheduled as Harris' then current schedule permits. Harris is
not responsible for any delay in Purchaser’s project resulting from Purchaser's cancellation of
consulting. If additional services are required because the Purchaser was not adequately
prepared for the on-site services, Harris will provide a Change Order to the Purchaser for the
additional services.
13. Ownership
(a) By Harris. Harris, its service providers, and licensors are and shall at all times remain
Harris Local Government Means Choice, Expertise & Relationship. Page 14
the owner of all copyright, trademarks, trade secrets, patents, and any other intellectual property rights in and to the Services, Software, and related documentation, materials, logos, names, and other support materials provided pursuant to the terms of this Agreement. Customer shall acquire no right whatsoever to all or any part of the Services, Software, or underlying software except the limited right to access and use the Services in accordance with the terms of this Agreement and Harris, its service providers and its licensors reserve all rights not expressly granted to Customer. Customer must fully reproduce any copyright or other notice marked on any part of the documentation or other materials on all authorized copies and must not alter or remove any such copyright or other notice. Customer hereby grants to Harris a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services, Software, and underlying software any suggestions, ideas, enhancement requests, recommendations or other feedback provided by Customer relating to the operation of the Services or Software (“Feedback”). Customer warrants that i) it will not provide Feedback that is subject to a license requiring Harris or Microsoft to license anything to third parties because Harris or Microsoft exercises any of the above rights in Customer’s Feedback; and 2) it owns or otherwise controls all of the rights to such Feedback and that no such Feedback is subject to any third-party rights (including any personality or publicity rights).
(b) Customer Data. As between Harris and Customer, all Data will remain the sole and exclusive property of Customer. Customer is solely responsible for ensuring the accuracy, quality, integrity, reliability, appropriateness and right to view and use the Data. Subject to the terms and conditions of the Agreement, Customer grants to CSWI, its service providers (as applicable) and licensors a world-wide, non-exclusive, royalty-free license to access, use and otherwise process the Data and Professional Services Data for the purpose of performing the Services, and Professional Services respectively, and for Microsoft’s legitimate business operations as detailed and limited in the DPA. Except as specified in this Agreement, Harris may not access the Data or Professional Services Data for any other purpose without the express written consent of Customer. Access to Data by any outside party shall only be in accordance with the terms of this Agreement, the DPA or where required by law. Customer agrees that this this Agreement (including the DPA and Universal License Terms) along with the Documentation and Customer’s use and configuration of features in the Services, are Customer’s complete and final documented instructions to Harris and Microsoft for the processing of Personal Information. Customer agrees that this Agreement (including the DPA and Universal License Terms) along with any statement of work agreed between the parties, are Customer’s complete and final documented instructions to Harris and Microsoft for the processing of Personal Information contained with the Data and Professional Services Data. Any additional or alternate instructions must be agreed to according to the process for amending this Agreement set out in Section 16(f) or the Statement of Work.
Customer grants to Harris a world-wide, non-exclusive, royalty-free license to aggregate
or compile Data with the customer data of other customers using the Services so long as
such aggregation or compilation omits any data that would enable the identification of
Customer, its clients or any individual, company or organization (“Aggregated Data”).
Harris shall have a worldwide, perpetual, royalty-free license to use, modify, distribute,
and create derivative works based on such Aggregated Data, including all reports,
statistics
or analyses created or derived therefrom. Additionally, Customer grants Harris the right
to access Data to provide feedback to Customer concerning its use of the Services.
Customer authorizes Harris to disclose the fact that Customer is a customer of Harris and
uses the Services.
Harris Local Government Means Choice, Expertise & Relationship. Page 15
In addition to any other restrictions on Harris’ use of the Data, both parties agree that the
Data may be subject to privacy laws providing for the owners of the Data to review such
Data or to challenge the collection and storage of the Data. Customer shall indemnify
and reimburse Harris in relation to all reasonable fees and other disbursements paid by
Harris to comply with such requests, whether by an individual or a government body, or
to challenge such requests at either CSWI’ or Customer’s request. Customer represents
and warrants to Harris that as of the Effective Date no individual, government body or
third party has requested a review of the Data or challenged the collection and storage of
the Data to be stored in the Software.
(c) Data and Privacy Policy of Customer
The Customer represents and warrants to Harris that:
ii. Data, Professional Services Data, and Personal Information, that is either provided to or
acquired by Harris and/or its service providers from Customer is owned exclusively by
Customer and that the Customer has full right and title to provide the Data, Professional
Services Data, and Personal Information to CSWI and its service providers;
iii. Data, Professional Services Data, and Personal Information, that is either provided to or
acquired by Harris is subject to a privacy policy in effect as of the Effective Date and
Customer’s customers or other Third-Party owners of the Data or Personal Information
have provided to Customer their written consent for its collection, use and storage by
CSWI and its third-party service providers in accordance with this Agreement and in any
jurisdiction in North America;
iv. Customer complies with all applicable privacy legislation as of the Effective Date in the
performance of its obligations hereunder in respect of any Data, Professional Services
Data and Personal Information collected, used, transferred, created, or disclosed
pursuant to this Agreement; and
v. Customer will not provide CSWI or its service providers with data or Personal
Information of any kind for which Harris or its service providers either have no need or
do not have the right to collect, use and store under the terms of this Agreement.
(d) Data Location.
Harris’ third-party service provider of the Software hosting services is Microsoft® and
Harris uses Microsoft’s Azure® online services to host the Software. To the extent
permitted by applicable law and except as described in the Universal License Terms and
the DPA, Data, Professional Services Data, and Personal Information that Microsoft
processes on Customer and Harris’ behalf may be transferred to, and stored and
processed, in the United States or any other country in which Microsoft or its service
providers maintain facilities. Customer appoints Harris and Microsoft to perform any such
transfer of Data and Personal Information to any such country and to store and process
Data and Personal Information to provide the Services. Harris shall use commercially
reasonable efforts to work with Microsoft personnel to configure the Services to store Data
on Virtual Machines using Locally Redundant Storage (LRS).
Harris Local Government Means Choice, Expertise & Relationship. Page 16
(e) Access to Data; Subcontracting. Subject to Section 5(l), at all times during the Term,
Customer will have the ability to request a copy of, and/or delete Data stored in the
Services. Harris’ service provider may engage third parties to provide certain services
on its behalf and Customer consents to the engagement of such third parties as sub
processors, which shall constitute Customer’s prior written consent to the subcontracting
by Harris and its service provider of the processing of Data, Professional Services Data,
and Personal Information if such consent is required under the GDPR or other applicable
law.
14. Confidential Information
The parties agree to keep confidential any and all Confidential Information with respect to the
other party which it has received or may in the future receive in connection with this Agreement
and shall only disclose such Confidential Information of the other party (i) to its agents, service
providers, employees or representatives who have a need to know such information
(“Representatives”), for the purpose of performance under this Agreement and exercising the
rights granted under this Agreement, and who are bound by non-disclosure obligations at least
as protective of the other party’s Confidential Information as this Agreement, or (ii) to the extent
required by applicable law or during the course of or in connection with any litigation, arbitration
or other proceeding based upon or in connection with the subject matter of this Agreement,
provided that the receiving party shall give the disclosing party reasonable notice prior to such
disclosure and shall comply with any applicable protective order or equivalent. The parties each
agree to hold the other party’s Confidential Information in confidence and to take all reasonable
steps, which shall be no less than those steps it takes to protect its own confidential and
proprietary information, to protect the Confidential Information of the other party. Each party
remains responsible for the use of Confidential Information by its Representatives and, in the
event of discovery of any unauthorized use or disclosure, Customer must promptly notify CSWI.
A party may disclose the other’s Confidential Information if required by law, but only after it
notifies the other party (if legally permissible) to enable the other party to seek a protective order.
These obligations apply (1) for Data, until it is deleted from the Online Services; and (2) for all
other Confidential Information, such obligations shall survive the termination or expiration of this
Agreement
15. Indemnity
(a) Customer Indemnification. Customer is solely responsible for its Data, its use, and its
users’ use, of the Services in any way, and all legal liability arising out of or relating thereto.
Customer shall defend, indemnify, and hold CSWI and its third-party service providers,
and each of their respective affiliates, officers, directors, employees, and agents (the
“Indemnities”) harmless from and against any and all losses, costs, damages, and
expenses (including reasonable attorney’s fees) that the Indemnities may suffer in
connection with any demands, claims, actions, suits, or proceedings arising out of or in
connection with (i) the use of the Services including but not limited to any Third Party
Components by Customer or its Users; (ii) any breach by Customer or its Users of this
Agreement; and (iii) Customer’s Data and Professional Services Data, including but not
limited to any third party claims that the inclusion, use, reference, incorporation of or linking
to any third party materials or the Customer’s Data and/or Professional Services Data
Harris Local Government Means Choice, Expertise & Relationship. Page 17
violates such third party’s copyright and/or other intellectual property, privacy or other
rights, or that such use is illegal.
(b) Intellectual Property Indemnity. Harris will indemnify, defend, and hold harmless, or at
its option settle, any third party claim, suit or proceeding against Customer alleging that
the Software delivered to Customer, or Customer’s authorized use of the Software,
infringes any patent issued in the United States or any trademark or copyright or
misappropriates any trade secret; provided, that Customer (i) promptly notifies CSWI of
any such claim in writing; (ii) provides Harris with all reasonable information and
assistance in connection with such claim; and (iii) gives Harris the sole right to control the
defense of, or settle such claim. Harris will pay any settlement approved by CSWI or final
judgment entered against Customer on such claim in any such suit or proceeding
defended by Harris.
Harris will have no obligation for any claim, suit or proceeding to the extent that it results from
(a) the combination, operation or use of (a) any modification to the Software made without Harris’
prior written consent, (b) failure to use updated or modified Software if Harris notified Customer
that the use of the updated or modified software was necessary to avoid a claim of infringement,
or (c) use of Software not in accordance with this Agreement and applicable Documentation.
If Harris receives notice of an alleged infringement by the Software, or if CSWI reasonably
believes that such a claim is likely, Harris may stop delivery of such Software without liability for
failure to deliver it. Harris will have the right, at its sole option, to obtain the right for Customer
to continue use of the affected Software, or to replace or modify the affected Software so that it
is no longer alleged or believed to infringe, provided that this can be done without significant loss
of functionality. If neither of the foregoing options is available to Harris on commercially
reasonable terms, Harris may terminate Customer’s use of the affected Software, in which case
Harris will refund to Customer that portion of the Annual Subscription Fees paid but unused by
Customer. THE RIGHTS AND REMEDIES PROVIDED IN THIS SECTION CONSTITUTE
HARRIS’ ENTIRE OBLIGATIONS AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES
CONCERNING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT OR
MISAPPROPRIATION BY ANY SOFTWARE OR SERVICE.
16. General
(a) Governing Law; Venue: This Agreement shall be governed by and construed in
accordance with the laws of the Delaware. This Agreement expressly excludes that body
of law applicable to choose of law, the Uniform Commercial Code and the United Nations
Convention on Contracts for the International Sale of Goods and any legislation
implementing such Convention, if otherwise applicable. Customer and Harris hereby
waive, to the fullest extent permitted by applicable law, the right to trial by jury in any
action, proceeding or counterclaim filed by any party, whether in contract, tort or otherwise,
relating directly or indirectly to this Agreement or any acts or omissions of CSWI in
connection therewith or contemplated thereby.
(b) Entire Agreement: This Agreement together with the Schedules attached to this
Agreement constitute the entire agreement between the parties with respect to the subject
matter hereof and supersedes all prior and contemporaneous agreements,
representations, negotiations, understandings, arrangements, and communications
between the parties, both written and oral, relating to the subject matter hereof. No terms
Harris Local Government Means Choice, Expertise & Relationship. Page 18
and conditions in any Customer orders, or in any other documentation employed by or on
behalf of Customer in connection with this Agreement, regardless of the date of such
documentation, will affect the terms of this Agreement, even if such document is accepted
by the receiving party, with such provisions being deemed deleted. This Agreement may
only be modified by a written amendment signed by an authorized representative of each
of the parties except that Harris may modify this Agreement as set forth in Section 6 and
Customer acknowledges and agrees that the terms and conditions set out in all Third
Party documents referenced in a Schedule to this Agreement, together with the links to
such documents, may be amended at any time effective upon posting by such third party
to the third party’s website.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE
FOLLOWS]
Harris Local Government Means Choice, Expertise & Relationship. Page 19
IN WITNESS WHEREOF, CSWI and the Customer have duly executed this Agreement to be
effective on the Effective Date first written above.
Date: 8-01-2024
Contract# JF-TL80124
Computer Software Innovations Inc. Town of Lillington, NC
____________________________________ ___________________________________
Signature Signature
____________________________________ ___________________________________
Name Name
____________________________________ ___________________________________
Title Title
_______________________________ _________________________________
Date Date
Harris Local Government Means Choice, Expertise & Relationship. Page 20
Schedule “B”
Service Availability
Availability and Uptime Objectives:
1. Availability of the Services is defined as when the Software Services are operational and
accessible via a public internet connection. The Services shall be unavailable during certain
scheduled downtime periods for the purpose of conducting maintenance and upgrades to the
Services.
2. Uptime is defined as the time that the Services are either available or in scheduled downtime.
Specific Service Level Objectives relating to Uptime are as follows:
a. As measured by a 3rd party on behalf of Harris, the Services shall be available 99.95% of
the time for the calendar year.
b. Harris shall notify Customer a minimum of three (3) calendar days prior to any period of
scheduled downtime.
c. Harris reserves the right to schedule downtime for emergency situations or other non-
routine maintenance with less than five (5) advance calendar days’ notice. In the case of
an emergency or other non-routine maintenance event, Harris reserves the right to
suspend the Services and Customer’s access to the Software for purposes of conducting
such maintenance work at any time as deemed appropriate by CSWI in its sole discretion,
without prior notice to Customer, but will use best efforts to notify Customer of such
suspended access as soon as practically feasible.
Harris shall make commercially reasonable efforts to achieve the service level objectives
described herein.
3. Harris will not be responsible for any failure to meet the above Service Level Objectives if the
failure is caused by:
a. Factors outside our reasonable control (for example, natural disaster, war, acts of
terrorism, riots, government action, or a network or device failure external to our data
centers, including at your site or between your site and our data center);
b. Use of services, hardware, or software not provided by us, including, but not limited to,
issues resulting from inadequate bandwidth or related to third-party software or services;
c. Failures in a single Microsoft Datacenter location, when your network connectivity is
explicitly dependent on that location in a non-geo-resilient manner;
d. Your use of a Service after we advised you to modify your use of the Service, if you did
not modify your use as advised;
e. During or with respect to preview, pre-release, beta or trial versions of a Service, feature,
or software (as determined by us) or to purchases made using Microsoft subscription
credits;
Harris Local Government Means Choice, Expertise & Relationship. Page 21
f.Your unauthorized action or lack of action when required, or from your employees, agents,
contractors, or vendors, or anyone gaining access to our network by means of your
passwords or equipment, or otherwise resulting from your failure to follow appropriate
security practices;
g.Your failure to adhere to any required configurations, use supported platforms, follow any
policies for acceptable use, or your use of the Service in a manner inconsistent with the
features and functionality of the Service (for example, attempts to perform operations that
h.are not supported) or inconsistent with our published guidance;
i.Faulty input, instructions, or arguments (for example, requests to access files that do not
exist);
j.Your attempts to perform operations that exceed prescribed quotas or that resulted from
our throttling of suspected abusive behavior;
k.Your use of Service features that are outside of associated Support Windows;
l.For licenses reserved, but not paid for, at the time of the Incident;
m.A breach of the Agreement by Customer, its employees, subcontractors, or agents
(“Customer Representatives”);
n.An error or the acts or omissions of Customer Representatives or Users;
o.Emergency or Scheduled maintenance or other mutually agreed upon downtime; or
p.Any other force majeure event, as set out in Section 16(m) of the Agreement.
Harris Local Government Means Choice, Expertise & Relationship. Page 22
Schedule “D”
Third Party Components
Required Third Party Software
1. Microsoft Azure
Customer agrees that the additional terms set out in Microsoft’s Universal License Terms,
available at https://www.microsoft.com/en-us/licensing/product-licensing/products (the
“Universal License Terms”), apply to Customer’s use of the Services and the Microsoft Products
and Services Data Protection Addendum (“DPA”) available at https://aka.ms/DPA sets out the
parties obligations with respect to processing and security of Data and Personal Information in
connection with Customer’s use of the Services and to the processing and security of Professional
Services Data and Personal Information in connection with the provision of any professional
services and support services performed by Microsoft related to the Services. For clarity, the
DPA applies only to the processing of data in environments controlled by Microsoft and its sub
processors, including data sent to Microsoft by the Microsoft products and the Services but does
not include data that remains on Customer’s premises or in any Customer selected third party
operating environments. The Universal License Terms and the DPA may be changed from time
to time. Customer should review such documents carefully, both at time of acceptance of this
Agreement and periodically thereafter, and fully understand all terms and conditions applicable to
the Services.
Information regarding Microsoft Azure’s data residency and transfer policies is available at the
following link: www.microsoft.com/en-us/trustcenter/privacy/where-your-data-is-located.
An overview of how encryption is used in Microsoft Azure (for data at rest and data in transit) is
available at the following link: https://docs.microsoft.com/en-us/azure/security/security-azure-
encryption-overview.
High Risk Use:
Customer must consider whether its specific use of these technologies is safe. The Services are
not designed or intended to support any use in which a service interruption, defect, error, or other
failure of the Service could result in the death or serious bodily injury of any person or in physical
or environmental damage (collectively, “High-Risk Use”). Customer’s High-Risk Use of the
Services is at its own risk. Customer agrees to defend, indemnify, and hold CSWI and Microsoft
harmless from and against all damages, costs, and attorneys' fees in connection with any claims
arising from a High-Risk Use associated with the Services, including any claims based in strict
liability or that Harris and/or Microsoft was negligent in designing or providing the Service(s) to
Customer.
The foregoing information, including the links to such information, may be changed from time to
time therefore Customer is responsible for reviewing such information periodically.
AGENDA ITEM SUMMARY
Date of Meeting: August 13, 2024
Staff Work By: Brandon Harris, Assistant Parks and Recreation Director
William Baker, Parks and Recreation Director
AGENDA ITEM
Special Presentation – Pete McPhearson Volunteer of the Year Award
ITEM SUMMARY
Award the Volunteer of the Year.
RECOMMENDED ACTION
None
AGENDA ITEM #12